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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1424 By: Howard and Bullard of the
Senate
and
Hardin of the House
An Act relating to the Oklahoma Registered Poultry
Feeding Operations Act; amending 2 O.S. 2021, Section
10-9.5, which relates to application to registe r or
expand poultry feeding operat ions; stating
responsibility for certain educational requirements;
amending 2 O.S. 2021, Section 10 -9.11, which relates
to violations; modifying range for certain
administrative penalty; direc ting certain funds to be
used for certain enforcement; modifying certain
notification requirements; requiring certain penalty
for noncompliance; updating statutory language;
updating statutory reference; and providing an
effective date.
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"[ Oklahoma Registered Poultry Feeding Ope rations Act
- poultry feeding operations - responsibility for
educational requirements – violations - range for
administrative penalty - funds – enforcement -
notification requirements - penalty for
noncompliance - effective date ]
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 10 -9.5, is
amended to read as follows:
Section 10-9.5. A. The State Board of Agriculture shall
provide the necessary forms and applications for any per son desiring
or required to register a poultry feeding operation o r expanding
operation.
B. The application to register to operate a new or previou sly
unregistered poultry feeding operation or expanding operation shall
contain, at a minimum, the following information:
1. Name and address of the owner and operator of th e facility;
2. Name and address of the poultry feeding operation;
3. Number and type of poultry house d or confined;
4. Name and address of the in tegrator whose poultry will be
raised by the poultry feeding opera tion;
5. A diagram or map and legal descr iption showing geographical
location of the facility on which the perimeters of th e facility are
designated, location of waters of the state , including, but not
limited to, drainage from the facility, poultry waste storage
facilities, and land -application sites owned or leased by the
applicant or which the applicant has contracted with for the
application of poultry waste;
6. A copy of the Nutrient M anagement Plan, or proof of
application for such plan, Best Manage ment Practices or any other
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plans authorized by the Oklahoma Department of Agriculture, Food,
and Forestry;
7. A statement of ownership.
a. If the applicant is a corporation, the name and
address of the corporation and the name and address of
each officer and registered agent of the corporation
shall be included in the application.
b. If the applicant is a partnership or other legal
entity, the name and address of each partner and
stockholder with an ownership interest of ten percen t
(10%) or more shall be included in the statement.
c. The information contained in the statement of
ownership shall be public information and shall be
available upon request from the Board;
8. The name and addres s of the person having day-to-day control
of the operation, if suc h person is not the applicant and is actin g
as agent for the applicant;
9. An environmental history from the past three (3) years of
any poultry feeding operation established and operated b y the
applicant or any other operation wit h common ownership in th is state
or any other state;
10. Environmental awards or citations received or pollution
prevention or voluntary remediatio n efforts undertaken by the
applicant; and
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11. Any other informat ion or records required by the Department
for purposes of implemen ting the Oklahoma Registered Poultry Feedi ng
Operations Act or rules promulgated pursuant thereto.
C. In addition to other penalties as may be i mposed by law, any
person who knowingly makes any false statement, representation, or
certification in, omits m aterial data from, or tampers with any
application for registration shall, upon conviction, be guilty of a
misdemeanor and may be subject to a fi ne of not more than Ten
Thousand Dollars ($10 ,000.00) for each such violation.
D. The owner of a poultry feedi ng operation shall be
responsible for send ing written notification to the Department upon
changing integrators.
E. For a transfer of registratio n to a new owner, the new owner
shall register the operation pursuant to the rules of t he
Department.
F. 1. All operators of poultry feeding operations and poultry
waste applicators shall attend educational courses on poultry waste
handling. All such op erators and applicators shall attend
educational training on poultry waste management a s provided by
Oklahoma State University through the Oklahoma Coope rative Extension
Service. All current and new operators and applicators shall
receive the initial nine (9) hours of training in the first year and
two (2) hours of continuing education ever y year until the operato r
or applicator has received a total of ni neteen (19) hours of
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training. Any operator or applicator may attend more hours t han is
required,; however, those hours shall not be carried forwar d. Upon
receiving the nineteen (19) requi red hours, the operator or
applicator shall be required to receive two (2) hours of continuing
education every three (3) years. The Oklahoma Cooper ative Extension
Service shall develop the educational training cou rse to aid in
certification. Curricula fo r the training course wi ll include the
Oklahoma Cooperative Extens ion Service Waste Management Facts series
and record books or their current equiva lent. Courses for po ultry
waste management shall include the foll owing topics:
a. environmental process rel evant to protecting wate r
quality in poultry production,
b. basic handling systems to manage poultry waste from
all types of poultry operations,
c. nutrient management, including sampling procedures,
application rate determination, equipment calibration,
and record-keeping systems,
d. relevant laws and rules applicable t o poultry waste
management in the State of Oklahoma this state, and
e. any other related subject as det ermined by Oklahoma
State University in consu ltation with the Department.
2. At the completion of each course, the operator or applicator
shall receive a certification verifying completion. The
certificates shall be kept on site for five (5) years.
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3. Failure to obtain the initial nine -hour training and any
continuing education as provide d in this subsection sha ll be deemed
a violation of the Oklahoma R egistered Poultry Feeding Operations
Act for operators and the Oklahoma Poultry Wa ste Applicators
Certification Act for applicators.
4. All operators or applicators shall meet the education al
requirements of this section no later than December 31 of each year.
5. All operators and applicators are solely responsible for
obtaining and maintaining all educat ional requirements established
pursuant to the provisions of this subsection.
G. No integrator shall enter int o any contract with an operator
of a poultry feeding operation who is not in compliance with the
education requirements of s ubsection F of this s ection.
SECTION 2. AMENDATORY 2 O.S. 2021, Section 10-9.11, is
amended to read as fol lows:
Section 10-9.11. A. 1. Any person violating the provisions of
the Oklahoma Registered Poultry Feeding Operations Ac t shall, upon
conviction, be guilty of a misdemeanor and may be pu nished by a fine
not to exceed Two Hundred Dollars ($200.00).
2. The Attorney General or the district attor ney of the
appropriate district court of Oklahoma this state may bring an
action in a court of competen t jurisdiction for the prosecution of a
violation by any person of a provision of the O klahoma Registered
Poultry Feeding Operations Act or any rule prom ulgated thereunder.
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B. 1. In addition to the criminal penalties specified by thi s
section, the Oklahoma Department of Agriculture, Food, and Fores try
may:
a. assess an administrative penal ty of not more than Two
Hundred Dollars ($200.00) per day of nonco mpliance
pursuant to Section 2 -18 of this title, or
b. bring an action for injunct ive relief granted by a
district court.
2. A district court may g rant injunctive relief to prevent a
violation of, or to compel com pliance with, any of the provisions of
the Oklahoma Registered Poultry Feeding Operations Act or any rule
promulgated thereunder or order, regist rations, and certificates
issued pursuant to the Oklahoma Registered Poultry Feeding
Operations Act.
3. Nothing in this section shall preclude the Depar tment from
seeking penalties in district court in the maximum amount allowed by
law. The assessment of penalties in an administrative enforcement
proceeding shall not prevent the subsequent assessment by a court o f
the maximum criminal penalties for viola tions of the Oklahoma
Registered Poultry Feeding Operations Act.
4. Any person assessed an administrat ive penalty may be
required to pay, in additi on to such penalty amount and interest
thereon, attorney fees and costs associated with the collection of
such penalties.
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5. Any administrative penalty required to be paid pursuant to
the provisions of this sub section shall be used to fund enforcement
of the Oklahoma Registered Poultry Feeding Op erations Act.
C. 1. Any action for injunctive relief to redress or restrain
a violation by any person of the Oklahoma Registered Poultry Feeding
Operations Act, or for any rule promulgated thereunder, or order
issued pursuant thereto, or recovery of any administrative penalty
assessed pursuant to the Oklahoma Registere d Poultry Feeding
Operations Act may be brought by:
a. the district attorney of th e appropriate distric t
court of the State of Oklahoma ,
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 determine the action,
and to grant the nece ssary or appropriate relief, including but not
limited to mandatory or prohibitive injunctive relief, interi m
equitable relief, and punitive damages.
3. It shall be the duty of the Attorney General and district
attorney if requested by the Commissioner of Agriculture to bring
such actions.
D. Except as otherwise provid ed by law, administrative and
civil penalties shall be paid into t he State Department of
Agriculture Regulation Revolving Fund.
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E. For the purposes of the Oklahoma Registered Poultry Feedin g
Operations Act, each day upon which a violation is committed or is
permitted to continue shall be deemed a separate offense.
F. 1. Any contract poultry grower determined after notice and
opportunity for a hearing by the Department as flagrantly
disregarding Best Management Practices shall result in the
Department notifying the integrator in writing. Notice provided to
the integrator shall detail any remediation, education , or other
measures the grower is required to take to prevent the furtherance
or continuing nature of t he violation and to prevent future
violations. Upon receipt of such notice, the integr ator shall
respond, as prescribed by the Department, that a produc er has
received the notice and will work with the grower to ensure
compliance is achieved within thirty (30) days. If the grower fails
to achieve compliance within thirty (30) days, the int egrator will
issue a notice of suspension -of-delivery of birds to the grower
within thirty (30) days, or give ninety (90) days Notice of
Termination of the integrator-producer relationship to the producer
within thirty (30) days.
2. The agency may extend the time periods for compliance
pursuant to this subsection upon t he request of an integrat or. An
integrator who fails to comply with the provision s of this
subsection shall be assessed an administrative penalty p ursuant to
Section 2-18 of this title.
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3. Nothing provided in response to or in as sociation with a
notice given pursuant to this subsection may be used as evidence to
establish an employer -employee relationshi p between a grower and the
integrator with which the grower contracts.
G. The Department shall notify all integrators of any
violations assessed against 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
assessed against an operator with whom the integrator contemplat es
entering into a contra ct.
H. In addition to ot her penalties as may be imposed by law, any
person who knowingly makes any fa lse statement, representation or
certification form, notice or report, or who knowingly renders
inaccurate any monitoring device or method required to be maintained
by any rule promulgated by the State Board of Agriculture, shall,
upon conviction, be guilt y of a misdemeanor and may be subject to a
fine of not more than Five Thousand Dollars ( $5,000.00) for each
such violation.
SECTION 3. This act shall become effec tive November 1, 2024. "
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Passed the House of Representativ es the 25th day of April, 2024.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2024.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 1424 By: Howard and Bullard of the
Senate
and
Hardin of the House
An Act relating to the Oklahoma Registered Poultry
Feeding Operations Act; amending 2 O.S. 2021, Section
10-9.5, which relates to application to registe r or
expand poultry feeding operations; stating
responsibility for certai n educational requirements;
amending 2 O.S. 2021, Section 10 -9.11, which relates
to violations; modifying range for certain
administrative penalty; directing certain funds to be
used for certain enforcement; modifying certain
notification requirements; req uiring certain penalty
for noncompliance; updating statutory language;
updating statutory reference; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 4. AMENDATORY 2 O.S. 2021, Se ction 10-9.5, is
amended to read as follows:
Section 10-9.5. A. The State Board of Agriculture shall
provide the necessary forms and applications for any person desiring
or required to register a poultry feeding operation or expanding
operation.
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B. The application to register to operate a new or previously
unregistered poultry feeding operation or expanding operation shall
contain, at a minimum, the following information:
1. Name and address of the owner and operator of the facility;
2. Name and address of the poultry feeding operation;
3. Number and type of poultry housed or confined;
4. Name and address of the integrator whose poultry will be
raised by the poultry feeding opera tion;
5. A diagram or map and legal description showing geographical
location of the facility on which the perimeters of the facility are
designated, location of waters of the state , including, but not
limited to, drainage from the facility, poultry waste storage
facilities, and land -application sites owned or leased by the
applicant or which the applicant has contracted with for the
application of poultry waste;
6. A copy of the Nutrient Management Plan, or proof of
application for such plan, Best Manage ment Practices or any other
plans authorized by the Oklahoma Department o f Agriculture, Food,
and Forestry;
7. A statement of ownership.
a. If the applicant is a corporation, the name and
address of the corporation and the name and address of
each officer and registered agent of the corporation
shall be included in the applica tion.
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b. If the applicant is a partnership or other legal
entity, the name and address of each partner and
stockholder with an ownership interest of ten percent
(10%) or more shall be included in the statement.
c. The information contained in the statement of
ownership shall be public information and shall be
available upon request from the Board;
8. The name and address of the person having day-to-day control
of the operation, if suc h person is not the applicant and is acting
as agent for the applicant;
9. An environmental history from the past three (3) years of
any poultry feeding operation established and operated by the
applicant or any other operation with common ownership in th is state
or any other state;
10. Environmental awards or citations recei ved or pollution
prevention or voluntary remediation efforts undertaken by the
applicant; and
11. Any other information or records r equired by the Department
for purposes of implemen ting the Oklahoma Registered Poultry Feeding
Operations Act or rules prom ulgated pursuant thereto.
C. In addition to other penalties as may be imposed by law, any
person who knowingly makes any false statement, representation, or
certification in, omits m aterial data from, or tampers with any
application for registration shall , upon conviction, be guilty of a
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misdemeanor and may be subject to a fine of not more than Ten
Thousand Dollars ($10,000.00) for eac h such violation.
D. The owner of a poultry feedi ng operation shall be
responsible for sending written notification to the Department upon
changing integrators.
E. For a transfer of registration to a new owner, the new owner
shall register the operation pursuant to the rules of the
Department.
F. 1. All operators of poultry feeding operations and poultry
waste applicators shall attend educational courses on poultry waste
handling. All such operators and applicators shall attend
educational training on poultry waste management as provided by
Oklahoma State University through the Oklahoma Cooperative Extension
Service. All current and new operators and applicators shall
receive the initial nine (9) hours of training in the first year and
two (2) hours of continuing education every year until the operato r
or applicator has received a total of nineteen (19) hours of
training. Any operator or applicator may attend more hours than is
required,; however, those hours shall not be carried forward. Upon
receiving the nineteen (19) required hours, the operator or
applicator shall be required to receive two (2) hours of continuing
education every three (3) years. The Oklahoma Cooperative Extension
Service shall develop the educational training course to aid in
certification. Curricula for the training course wi ll include the
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Oklahoma Cooperative Extension Service Waste Management Fa cts series
and record books or their current equivalent. Courses for poultry
waste management shall include the following topics:
a. environmental process relevant to protecting wate r
quality in poultry production,
b. basic handling systems to manage poul try waste from
all types of poultry operations,
c. nutrient management, including sampling procedures,
application rate determination, equipment calibration,
and record-keeping systems,
d. relevant laws and rules applicable to poultry waste
management in the State of Oklahoma this state, and
e. any other related subject as determined by Oklahoma
State University in consultation with the Department.
2. At the completion of each course, the operator or applicator
shall receive a certification verifying compl etion. The
certificates shall be kept on site for five (5) years.
3. Failure to obtain the initial nine -hour training and any
continuing education as provided in this subsection sha ll be deemed
a violation of the Oklahoma Registered Poultry Feeding Opera tions
Act for operators and the Oklahoma Poultry Waste Applicators
Certification Act for applicators.
4. All operators or applicator s shall meet the educational
requirements of this section no later than December 31 of each year.
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5. All operators and app licators are solely responsible for
obtaining and maintaining all educational requirements established
pursuant to the provisions of this subsection.
G. No integrator shall enter int o any contract with an operator
of a poultry feeding operation who is not in compliance with the
education requirements of subsection F of this section.
SECTION 5. AMENDATORY 2 O.S . 2021, Section 10-9.11, is
amended to read as fol lows:
Section 10-9.11. A. 1. Any person violating the provisions 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 this state may bring an
action in a court of competent jurisdiction for the prosecution of a
violation by any pers on of a provision of the Oklahoma Registered
Poultry Feeding Operations Act or any rule promulgated thereunder.
B. 1. In addition to the criminal penalties specified by this
section, the Oklahoma Department of Agriculture, Food, and Forestry
may:
a. assess an administrative penalty of not more than Two
Hundred Dollars ($200.00) per day of noncompliance
pursuant to Section 2 -18 of this title, or
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b. bring an action for injunctive relief granted by a
district court.
2. A district court may grant injunctive relief to prevent a
violation of, or to compel com pliance with, any of the provisions of
the Oklahoma Registered Poultry Fe eding Operations Act or any rule
promulgated thereunder or order, registrations , and certificates
issued pursuant to the Oklahoma Registered Poultry Feeding
Operations Act.
3. Nothing in this section shall preclude the Department from
seeking penalties in district court in the maximum amount allowed by
law. The assessment of penalties in an administrative enforcement
proceeding shall not prevent the subsequent assessment by a court o f
the maximum criminal penalties for violations of the Oklahoma
Registered Poultry Feeding Operations Act.
4. Any person assessed an administrative penalty may be
required to pay, in addition to such penalty amount and interest
thereon, attorney fees and costs associated with the collection of
such penalties.
5. Any administrative penalty required to be paid pursuant to
the provisions of this subsection shall be used to fund enforcement
of the Oklahoma Registered Poultry Feeding Operations Act.
C. 1. Any action for injunctive relief to redress or restrain
a violation by any person of the Oklahoma Registered Poultry Feeding
Operations Act, or for any rule promulgated thereunder, or order
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issued pursuant thereto, or recovery of any administrative penalty
assessed pursuant to the Oklahoma Registered Poultry Feeding
Operations Act may be brought by:
a. the district attorney of the appropriate district
court of the State of Oklahoma ,
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 jurisdic tion to determine the action,
and to grant the necessary or appropriate relief, including but not
limited to mandatory or prohibitive injunctive relief, interim
equitable relief, and punitive damages.
3. It shall be the duty of the Attorney General and di strict
attorney if requested by the Commissioner of Agriculture to bring
such actions.
D. Except as otherwise provided by law, admin istrative and
civil penalties shall be paid into t he State Department of
Agriculture Regulation Revolving Fund.
E. For the purposes of the Oklahoma Registered Poultry Feeding
Operations Act, each day upon which a violation is committed or is
permitted to continue shall be deemed a separate offense.
F. 1. Any contract poultry grower determined after notice and
opportunity for a hearing by the Department as flagrantly
disregarding Best Management Practices shall result in the
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Department notifying the integ rator in writing. Notice provided to
the integrator shall detail any remediation, education, or other
measures the grower is required to take to prevent the furtherance
or continuing nature of the violation and to prevent future
violations. Upon receipt of such notice, the integrator shall
respond, as prescribed by the Department, that a producer has
received the notice and will:
a. work with the grower to ensure compliance is achieved
within thirty (30) days,
b. issue a notice of suspension -of-delivery of birds to
the grower within thirty (30) days, or
c. give notice of ninety (90) days ’ Notice of Termination
of the integrator-producer relationship to the
producer within thirty (30) days.
2. The agency may extend the time periods for compliance
pursuant to this subsection upon the request of an integrat or. An
integrator who fails to comply with the provisions of this
subsection shall be assessed an administrative penalty pursuant to
Section 2-18 of this title.
3. Nothing provided in response to or in as sociation with a
notice given pursuant to this subsection may be used as evidence to
establish an employer -employee relationship between a grower and the
integrator with which the grower contracts.
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G. The Department shall notify all integrators of any
violations assessed against 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
assessed against an operator with whom the integrator contemplat es
entering into a contract.
H. In addition to ot her penalties as may be imposed by law, any
person who knowingly makes an y false statement, representation or
certification form, notice or report, or who knowingly renders
inaccurate any monitoring device or method required to be maintained
by any rule promulgated by the State Board of Agriculture, shall,
upon conviction, be g uilty of a misdemeanor and may be subject to a
fine of not more than Five Thousand Dollars ($5,000.00) for each
such violation.
SECTION 6. This act shall become effec tive November 1, 2024.
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Passed the Senate the 1 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives