OKLAHOMA DEPARTMENT OF AGRICULTURE

PLANT INDUSTRY & CONSUMER SERVICES DIVISION

HORTICULTURE LAW

TITLE 2, OKLAHOMA STATUTES SECTIONS 2-3-31.1 THROUGH 2-3-32.9

OKLAHOMA ADMINISTRATIVE CODE 35:30-13-1 THROUGH 35:30-37-8

TABLE OF CONTENTS

HORTICULTURE LAW

A-1.  Oklahoma Horticulture Law

§2-3-32.1.   Definitions

As used in this subarticle:

1. “Broker” means any person who negotiates the purchase or sale of any nursery stock. A broker may or may not handle either the nursery stock which is involved or the proceeds of a sale;
2. “Certificate ” means a document authorized or prepared by a duly authorized federal or state regulatory official that affirms, declares, or verifies that an article, nursery stock, plant, product, shipment, or any other officially regulated items meet phytosanitary, quarantine, nursery inspection, pest freedom, plant registration or certification, or any other set of legal requirements;
3. “Compliance agreement” means any written document between a person and the State Department of Agriculture to achieve compliance with any set of requirements being enforced by the Department;
4. “Cultivar” means a horticulturally, silviculturally, or agriculturally derived cultivated variety of a plant, as distinguished from a natural variety;
5. “Dealer" means any person who sells, brokers, or distributes nursery stock that was not grown from seeds, cuttings, liners, or similar propagative material by the person but which was bought, received on consignment, or acquired and in the person’s possession;
6. “Dangerously injurious plant pest” means a plant pest that constitutes a significant threat to the agricultural, silvicultural, or horticultural interests of this state, or the state's general environmental quality as determined by the State Board of Agriculture;
7. “Facilities" means and includes all buildings, greenhouses, storage places, cellars, pits, trenches, bins, containers, packing materials, crates, packing rooms, display bins, refrigerators, ice boxes, and any other structures and materials used in storing, transporting, and distributing nursery stock. The nursery, dealer, or agent shall maintain the facilities as are necessary for the proper care and conservation of nursery stock;
8. "Horticulture "means the discipline of agriculture science relating to the cultivation of gardens or orchards, including, but not limited to the growing of vegetables, flowers, and ornamental trees and shrubs;
9. “Native species” means a species that, other than due to an introduction, historically occurred or currently occurs in that ecosystem;
10. “Nursery” means and includes any field, ground, greenhouse, bin, pit, plot, or premise where nursery or floral stock is grown, propagated, or sold;
11. “Nursery operator” means the person who owns, leases, manages, or is in control of a nursery, and is further defined as any person who is a grower of nursery stock;
12. “Nursery stock” means and includes, whether in field or container, all trees, shrubs, vines, rosebushes, cuttings, grafts, scions, fruit pits, herbaceous plants, evergreens and other ornamental trees, bushes, collected wild plants and trees, decorative plants, flowering plants, bedding plants, vegetable plants for transplanting, aquatic plants, roots, corms, rhizomes, bulbs, and ferns grown for propagation, all packing materials, and other things used in the handling, storing, crating, and shipping of nursery stock. “Nursery stock” does not include cut Christmas trees, wreaths, seeds, agronomic crops, cut or dried flowers, and herb
13. “Pest” means any living agent that is known to cause damage or harm to agriculture or the environment;
14. “Phytosanitary certificate” means a document issued by the State Board of Agriculture indicating that the specified live plants or plant products comply with the legal requirements of the importing state or country. The document may be either a State Phytosanitary Certificate or Federal Phytosanitary Certificate;
15. “Plant pest” means any pest of plants, agricultural commodities, horticultural products, nursery stock, or non-cultivated plants. Plant pest includes, but is not limited to, insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma-like organisms, weeds, plants, or other parasitic higher plants;
16. “Sales location” means any principal business location where nursery stock is sold directly to a customer;
17. “Sell” means to offer for sale, expose for sale, possess for sale, exchange, barter, or trade;
18. “Seasonal sales operations” means business operations engaged in the nursery business for not more than a total of one hundred eighty days (180) in a calendar year;
19. "Silviculture" means the development and care of forests;
20. “Stop sale” means a legal document issued by the Board that prevents the sale of nursery stock due to an infestation of a dangerously injurious plant pest;
21. “Turfgrass sod” means a strip or section of one or more grasses or other plants acceptable for lawn plantings which, when severed from its growing site, contains sufficient plant roots to remain intact, and does not contain weeds in excess of the amount specified by the Board;
22. “Vegetable plant”means any plant grown from seed or other vegetative parts and sold as a transplant for the purpose of food production.

Authorized agents of the State Board of Agriculture shall have the authority to inspect any orchard, fruit or garden, park, cemetery, private premises, public place, or any place which may be infested with a plant pest that may be a threat to plants belonging to other property owners or the health or safety of the general public. The Board, after notice and opportunity for a hearing as provided in the Administrative Procedures Act, shall have the authority to order the owner, occupant, or person in charge to take any necessary action including, but not limited to, the proper treatment or destruction of infested or diseased plants.

A person shall not knowingly propagate, sell, or offer for sale any nursery stock infested or infected with any plant pest. If the State Board of Agriculture finds any plant pest at any nursery or dealer’s facility, the Board shall notify the owner or person in control of the nursery or facility in writing. The Board shall issue a stop sale until treatment or destruction of the plant pest on nursery stock or in the facility is completed. No damages shall be awarded to the owner for the loss of infested or infected trees, plants, shrubs, or other plant material destroyed as a result of an order of the Board.

All nursery stock shipped into Oklahoma shall have a certificate on each package stating that the contents were inspected by an authorized inspecting officer and that the contents appear free from plant pests. The State Board of Agriculture shall have the authority to inspect allnursery stock. The Board shall have the authority to order any nursery stock which may be infested with any plant pests destroyed or returned to the consignor at the consignor’s expense.

All vegetable plants or transplants in flats, crates, baskets or containers, regardless of origin, shall have affixed to the outside, a tag bearing:

1. The name and address of the grower or dealer for whom this inspection was conducted, except at the grower's location; and
2. The variety and/or cultivar name under which the vegetable plants are sold.

1. A seller of turfgrass sod shall be required to state on the sales contract, invoice, or bill of lading the following information:
   1.   The variety and the named blend or mixture of turfgrass; and
   2.   Each different lot of harvested turfgrass sod shall be identified by a sign stating the variety, kinds, or name blend or mixture as stated on the invoice or bill of lading from the shipper when offered or exposed for sale.
2. All growers shall provide the legal description of all growing fields of sod to the State Department of Agriculture.

1. The fee for each grower or dealer, license issued or renewed and inspection conducted shall be as follows:
   1. Grower’s license fee - Twenty five Dollars ($25.00) for each business location;
   2. Grower’s inspection fee - One Dollar ($1.00) per acre or 1000 square feet of greenhouse area inspected; and
   3. Dealer’s license fee - Thirty eight Dollars ($38.00) for each business location.
2. No fee shall be charged for a grower's license issued to any scientific, agricultural, or horticultural club, educational or eleemosynary institution, or any department or branch of the state or federal government.
3. All licenses shall expire at a date to be determined by the State Board of Agriculture. Failure to remit the license fee by the 15th of the month following the expiration month shall result in a penalty fee equal to the cost of the license.
4. A person shall obtain a license prior to selling or dealing in nursery stock.
5. All licenses are nontransferable upon any change of ownership.
6. All penalties, fees, and monies collected under this program shall be paid to the State Department of Agriculture and deposited in the State Department of Agriculture Revolving Fund.

It shall be unlawful for any person to knowingly or willfully violate any of the provisions of this subarticle or any rules of the State Board of Agriculture by:

1. Misrepresenting to another their connection with a nursery, or to:
   a. misrepresent the grade, character, variety, or quality of any nursery stock,
   b. make a false declaration of acreage,
   c. conceal any nursery stock from inspection, or
   d. offer for sale nursery stock which is seriously or substantially devitalized;
2. Failing to furnish the Board with true and exact copies of order forms, contracts, and agreements with customers;
3. Failing to furnish each purchaser, upon request, a true and correct invoice of each purchase, stating the variety, quality, age, or size of the stock to which the invoice applies;
4. Selling, offering for sale, or distributing any nursery stock infected or infested with a plant pest;
5. Selling, offering for sale, or distributing nursery stock that is not healthy, sound, and capable of growth;
6. Failing to carry out treatment or destruction of nursery stock as ordered by the Board;
7. Misrepresenting or falsifying information on a license application;
8. Doing business without a valid license;
9. Allowing a license to be used by any person other than the person to whom it was issued;
10. Failing to notify the Board of the legal description of all growing locations of nursery stock or sod;
11. Failing to allow an authorized agent to complete an inspection or collect adequate samples;
12. Selling nursery stock restricted by a stop sale order;
13. Selling, moving, or distributing nursery stock or other material under a quarantine;
14. Mislabeling nursery stock by using the wrong common name or botanical name;
15. Transporting any regulated article into the state from a quarantined area of any other state or country when the article has not been treated or handled as provided by the requirements of the quarantine;
16. Interfering with, hindering, or impeding, by any method, any authorized agent of the Board in the performance of duties; or
17. Failing to comply with any order of the Board.

The State Board of Agriculture shall have the authority to establish a quarantine and promulgate rules prohibiting or restricting the transportation into or through Oklahoma from any other state, country, territory, or district of any nursery stock, or other article, of any character, capable of carrying plant pests. The quarantine shall show the boundaries of the area or place quarantined and the conditions of the quarantine. The Board shall have the authority to promulgate rules for the seizure, inspection, disinfection, destruction, or other disposition of any nursery stock, plants, plant products, or other article, of any character, capable of carrying harmful plant pests.

SUBCHAPTER 3. PINK BOLLWORM QUARANTINE

35:30-3-1. Establishment of quarantine

1. The fact has been determined that a serious and highly dangerous insect pest, the pink bollworm, Pectinophora gossypiella (Saunders), is known to be generally distributed in the State of Oklahoma.
2. By virtue of the authority conferred in 2 O.S. 1981, Section 3-51 and 52, a quarantine and regulations are established, setting forth in this subchapter the name of the pest against which the quarantine is established, the definitions of the terms used, the regulated areas, the regulated material and the conditions governing the movement of regulated material within the State of Oklahoma.

The following words or terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

1. "Approved" means officially sanctioned by the State Board of Agriculture.
2. "Approved treatment" means a treatment approved by the Board of Agriculture when done under the observation of an authorized agent.
3. "Certificate"means an approved document issued by an inspector, evidencing apparent freedom of regulated articles from the pink bollworm.
4. "Cotton" means all parts of cotton and cotton plants of the genera Gossypium, except cotton products.
5. "Cotton Products" means seed cotton, cotton lint, linters, and all other forms of unmanufactured cotton fiber, waste, gin trash, cotton seed, cotton seed hulls, cotton seed cake, and cotton seed meal.
6. "Cotton Waste" means all waste produced from the processing of cotton at gins, cotton seed oil mills, or textile mills in any form or under any trade designation. Gin trash is not within the definition of waste.
7. "Dealer-Carrier Agreement:" means an agreement to comply with stipulated conditions executed by persons engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating or moving regulated articles.
8. "Disinfected or Disinfested Seed" means cotton seed treatment in a manner and by a method authorized by the State Board of Agriculture to kill any pink bollworms present.
9. "Gin Trash" means all of the material produced during the cleaning and ginning of seed cotton, bollies, or snapped cotton, except the lint, cottonseed, and cotton waste.
10. "Infestation(infested)" means the presence of the pink bollworm.
11. "Inspector" means an authorized agent of the Oklahoma Board of Agriculture.
12. "Limited Permit" means a document authorized the movement of regulated articles to a restricted designation for limited handling, utilization, processing or treatment.
13. "Lint" means all forms of raw ginned cotton, except linters and waste.
14. "Linters" means all forms of unmanufactured cotton fiber separated from cotton seed after the lint has been removed.
15. "Moved (Movement and Move)" means shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any person within or from any regulated area.
16. "Person" means any corporation, company, society, or association as well as any individual.
17. "Pink Bollworm" means the live insect known as the pink bollworm of cotton (Pectinophora gossypielia-Saunders), in any stage of development.
18. "Regulated Area" means the entire State of Oklahoma.
19. "Regulated Articles" means products and articles that may move under this subchapter in this quarantine.
20. "Seed Cotton" means all forms of cotton lint from which the seed has not been separated.

The entire State of Oklahoma is hereby designated as regulated within the meaning of this subchapter and is further classified as generally infested.

Other requirements to control pink bollworm infestation in local areas and to prevent the spread of infestation are as follows:

1. Seed cotton. Seed cotton must not be held over from one season to the next. Seed cotton must not be held over in the regulated areas beyond April 30.
2. Gin trash disposal. All gin trash produced in the ginning process at any gin must be treated in a manner approved by the State Board of Agriculture to destroy all pink bollworms. When in the judgement of the inspector such purposes have been accomplished, gin trash may be released only for local use.

1. Limited or prohibited movement. Except as authorized in 35:30-3-11, any movement of pink bollworm and gin rash, is prohibited except that gin trash may be certified for use in the local area of production if it has been approved by the State Board of Agriculture.
2. Unrestricted movement. All cotton products except untreated gin trash may move intrastate without restrictions.

Limited permits will be issued as authorized in this subchapter for the movement of noncertified, regulated articles to such gins, oil mills, warehouses, or processing or manufacturing plants as may be authorized and designated by authority of the State Board of Agriculture for manufacturing, processing or treatment incidental to preparing such products for certification. As a condition of such authorization and designation, operators of the gins, oil mills, warehouses, or processing or manufacturing plants must agree in writing to handle regulated articles, as to segregation of processed and nonprocessed products, uncontaminated containers for processed products, prevention of contamination of processed products, and the maintenance of identity of regulated and nonregulated products in such a manner as to prevent the spread of the pink bollworm; and to maintain such other sanitary safeguards and restrictions against the establishment and spread of infestation as may be required by the inspector, and to comply with such other restrictions as to the handling and subsequent movement of restricted articles as may be required by the State Board of Agriculture.

As a condition of issuance of certificates or limited permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, utilizing, treating, or moving such articles may be required to sign a Dealer-Carrier Agreement stipulating that he will maintain such safeguards against the establishment and spread of infestation and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles and the cleaning and treatment of means of conveyance and containers used in transportation of such articles as may be required by the inspector.

Any certificates, limited permits, Dealer-Carrier Agreements, issued under the regulations of this subchapter may be withdrawn or cancelled after a hearing and further certificates or permits refused, whenever, in the judgement of the State Board of Agriculture, the further use of such permits or certificates might result in the dissemination of the pink bollworm.

When in the judgement of the State Board of Agriculture more effective treatment procedures through scientific research are developed for Pink Bollworm, inspectors may allow use of such authorized procedures which are know to be effective under the conditions applied.

1. To obtain certificates or limited permits under the regulations of this subchapter, application shall be made either to the local inspector or to the State Board of Agriculture, 2800 N. Lincoln Boulevard, Oklahoma City, Oklahoma.
2. Certificates or limited permits required under the regulations of this subchapter shall be securely attached to the outside of each container of regulated articles, except that in the case of regulated articles shipped by car lot or in bulk by freight, the certificates or permits shall be securely attached to the way-bills or other shipping papers which accompany the shipment, and in the case of other regulated articles shipped without containers they shall be securely attached to the articles themselves. In the case of movement by road vehicle, such certificate or permit shall accompany the vehicle. When moved, each container of regulated articles or the regulated article itself when shipped without a container shall also bear such marking and labeling as may be necessary, in the judgement of the inspector, to identify the material.
3. The State Board of Agriculture shall not be responsible for any costs incident to inspection or treatment, other than the services of inspector

Live pink bollworms in any stage of development and products or articles subject to the requirements of the regulations of this subchapter may be moved for scientific purposes, on such conditions and under such safeguards as may be prescribed by the State Board of Agriculture. The container or articles so moved or if there is no container, the article itself shall bear, securely attached to the outside thereof, an identifying tag from the State Board of Agriculture showing compliance with such conditions.

SUBCHAPTER 13. IMPORTED FIRE ANT QUARANTINENE

1. It has been determined that Imported Fire Ants Solenopsis spp. have become established in Oklahoma and in certain other states. This insect interferes with farming activities, causes damage to certain crops, and is a pest of livestock and pets, as well as of people in rural and urban areas.
2. A quarantine and rules are established. This subchapter sets forth the name of the pest against which the quarantine is established, the definitions of the terms used, the regulated areas, the regulated material, and the conditions governing the movement of regulated material into, within, and from the State of Oklahoma.

The following words or terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

1. "Certificate"means a document issued by an authorized agent of the Department of Agriculture of the state of origin of the regulated articles to allow the movement of regulated articles to any destination within or from the State of Oklahoma.
2. "Compacted soil" means soil attached to equipment which cannot be removed by brisk brushing and/or washing with water under normal city water pressure.
3. "Compliance Agreement" means an agreement to comply with stipulated conditions executed by persons engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving regulated articles.
4. "Infestation" means actually contaminated by the pest or so exposed to contamination by the imported fire ant that it is reasonable to believe that an infestation exists.
5. "Mechanized soil" means moving equipment, mechanized equipment used to move or transport soil, e.g., draglines, bulldozers, road scrapers, and dumptrucks.
6. "Moved (Movement and move)" means shipped, offered for shipment to a common carrier, or carried, transported, moved, or allowed to be moved by any person within the State of Oklahoma or from any regulated area.
7. "Pest" means all living stages of the Imported Fire Ant (Solenopsis spp.).
8. "Regulated Area" means any area described or designated as regulated.
9. "Regulated Articles" means Imported Fire Ants, soil and any other products and articles of any character whatsoever, the movement of which is regulated by this quarantine.
10. "Scientific permit" means a document issued by an authorized agent of the Department of Agriculture of the state of origin of the regulated articles, or issued by the Deputy Administrator of the USDA, to allow the intrastate and/or interstate movement of regulated articles for scientific purposes.
11. "Soil"– Soil shall be considered that part of the upper layer of earth in which plants grow.

Imported Fire Ant regulated areas are:

1. ALABAMA: Counties of Autauga, Baldwin, Barbour, Bibb, Blount, Bullock, Butler, Calhoun, Chambers, Cherokee*, Chilton, Choctaw, Clarke, Clay,  Cleburne, Coffee, Colbert*, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, Dallas, Dekalb*, Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Greene, Hale, Henry, Houston, Jefferson, Lamar, Lauderdale, Lawrencek, Lee, Lowndes, Macon, Madison*, Marengo, Mario Marshall*, Mobile, Monroe, Montgomery, Morgan Perry, Pickens, Pike, Randolph, Russell, St. Clair: Shelby, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, Washington, Wilcox, and Winston.
2. ARKANSAS: Counties of Ashley, Bradley, Calhoun, Chicot,Cieveland*, Columbia, Desha*, , Drew, Lafayette, Miller,Ouachita, and Union. 
3. FLORIDA: The entire state.
4. GEORGIA: Counties of Appling, Atkinson, Bacon, Baker, Baldwin, Barrow*, Bartow*, Ben Hill, Berrien, Bibb, Bleckley, Brantley, Brooks, Bryan, Bulloch, Burke, Butts, Calhoun, Camden, Chandler, Carroll, Charlton, Chatham, Chattahoochee, Chattooga*, Cherokee*, Clarke*, Clay, Clayton, Clinch, Cobb, Coffee, Colquitt, Columbia, Cook, Coweta, Crawford, Crisp, Decatur, DeKalb, Dodge, Dooly, Dougherty, Douglas, Early, Echols, Effingham, Emanuel, Evans, Fayette, Floyd', Forsyth*, Fulton, Glascock, Glynn, Grady, Greene, Gwinnett, Hall, Hancock, Haralson, Harris, Heard, Henry, Houston, Irwin, Jasper, Jeff Davis, Jefferson, Jenkins, Johnson, Jones, Lamar, Lanier, Laurens, Lee, Liberty, Lincoln, Long, Lowndes, Macon, Marion, McDuffie, McIntosh, Meriwether, Miller, Mitchell, Monroe, Montgomery, Morgan, Muscogee, Newton, Oconee, Oglethorpe, Paulding, Peach, Pierce, Pike, Polk, Pulaski, Putnam, Quitman, Randolph, Richmond, Rockdale, Schley, Screven, Seminole, Spalding, Stewart, Sumter, Talbot, Taliaferro, Tattnall, Taylor, Telfair, Teffell, Thomas, Tift, Toombs, Treutien, Troup, Turner, Twiggs, Upson, Walton, Ware, Waffen, Washington, Wayne, Webster, Wheeler, Wilcox, WiLkinson, Wilkes*, and Worth.
5. LOUISIANA: The entire state.
6. MISSISSIPPI: Counties of Adams, Alcorn, Amite, Attala,Benton*, Bolivar*, Carroll, Calhoun, Chickasaw, Choctaw, Claiborne, Clarke, Clay, Copiah, Covington, Forrest, Franklin, George, Greene, Grenada, Hancock, Harrison, Hinds, Holmes, Humphreys, Issaquena, Itawamba, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Kemper, Lafayette:, Lamar, Lauderdale, Lawrence, Leake, Lee, LeFlore, Lincoln, Lowndes, Madison, Marion, Monroe, Montgomery, Neshoba, Newton, Noxubee, Oktibbeha, Panola*, Pearl River, Perry,Pike, Pontotoc, Prentiss, Rankin, Scott, Sharkey, Simpson, Smith, Stone, Sunflower*, Tallahatchie* Tippah*, Tishomingo, Union, Walthall, Warren, Washington, Wayne, Webster, Wilkinson, Winston, Yalobusha, and Yazoo.
7. NORTH CAROLINA: Counties of Anson*, Beaufort*, Bladen*, Brunswick, Carterat, Columbus, Craven*, Duplin*, Jones, Lenoir*, New Hanover, Onslow, Pamlico, Pender, Robeson*, and Sampson'.
8. OKLAHOMA: Counties of(A) Bryan* Jefferson*, and McCurtain*. (1-15-86) (B) Marshall* (Additional Infested Area 2-5-87)(C) Carter, Choctaw, Comanche, Johnston, and Love
9. PUERTO RICO: The entire territory.
10. SOUTH CAROLINA: Counties of Aiken, Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Clarendon,Colleton, Darlington, Dillon, Dorchester, Edgefield*, Fairfield, Florence, Georgetown, Hampton, Horry, Jasper, Kershaw, Lancaster, Lee, Lexington, Marion, Marlboro', McCormick*, Newberry*, Orangeburg, Richland, Sumter, and Wilfiamsburg.
11. TEXAS: Counties of Anderson, Angelina, Aransas, Atascosa, Austin, Bandera*, Barnwell, Bastrop, Bee*, Bell, Bexar, Blanco, Bowie* Brazoria, Brazos, Burleson, Caldwell, Calhoun, Camp*, Cass*, Chambers, Cherokee, Collin, Colorado, Comal, Dallas, Denton, De Witt, Ellis*, Falls, Fayette, Fort Bend, Freestone, Frio*, Galveston, Gillespie, Goliad, Gonzales, Grayson*, Gregg, Grimes, Guadaloupe, Hardin, Harris, Harrison, Hays, Henderson , Hill*, Houston, Jackson, Jasper, Jefferson, Jim Wells*, Johnson, Kendall, Kerr, Kleberg, Lavaca, Lee, Leon, Liberty, Limestone, Madison, Marlboro*, Marion, Matagorda, McLennan, Medina*, Milan, Montgomery, Nacogdoches, Navarro', Newberry, Newton, Nueces, Orange, Panola, Polk, Rains* Refugio, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, Shelby, Smith, Tarrant, Travis, Trinity, Tyler, Upshur', Victoria, Walker, Waller, Washington, Wharton, Williamson, Wilson, and Wood*. *Portion of county.

Regulated articles are as follows:

1. Soil, separately or with other things.
2. Plants with soil attached, except houseplants grown in the home and not for sale.
3. Grass sod.
4. Used mechanized soil-moving equipment.
5. Hay and Straw.
6. Any other products, articles, or other means of conveyance, of any character whatever, not covered by subparagraphs (1) through (5) of this section, when it is determined by an authorized agent that they present a hazard of Imported fire Ant, and the person in possession has been so notified.

1. The following articles are exempt from the certification, permit, or other requirements if they meet the conditions prescribed and have not been exposed to infestation after cleaning or other handling.
   (1) Potting soil, if commercially prepared, packaged and shipped in original containers.
   (2) Hay and straw, if being used for packing and bedding.
   (3) Used mechanized soil-moving equipment, if cleaned of all loose, noncompacted soil.
   (4) Transplants, if substantially free of soil.
2. Soil samples for processing, testing or analysis may be moved from a regulated area (without a certificate or permit) only to approved laboratories (i.e., plant food analysis) or only in emergencies under authorization from an authorized agent.

1. Certificates shall indicate that the regulated articles are free of all living stages of the Imported Fire Ant. Federal certificates or permits may be used in lieu of certificate of state of origin if the interstate shipper meets the requirements of law.
2. In all cases, certificates or permits must be furnished by the carrier to the consignee at destination of the shipment.

Interstate and intrastate movement of regulated articles and all living stages of the Imported Fire Any for scientific or experimental purposes shall be permitted under scientific permit.

The movement of the Imported Fire Ant and restricted articles is prohibited within the State of Oklahoma from a regulated area to or through a nonregulated area unless accompanied by authenticated certificate or permit.

The movement of the Imported Fire Ant and/or regulated articles into the State of Oklahoma from infested states is prohibited unless the shipments are made in accordance with the provisions of the rules and regulations regarding the Imported Fire Ant quarantine of the United States Department of Agriculture (Federal Quarantine No.81) and/or the Board.

1. Any properly identified agent of the Department is authorized to stop and inspect, without a warrant, any person or means of conveyance moving within or into the State of Oklahoma upon probable cause to believe that the means of conveyance or articles, are infested with the Imported Fire Ant, and the agent is authorized to seize, treat, destroy, or dispose of articles found to be moving in violation of this Subchapter.
2. The cost of treatment, disposal, and/or destruction of any regulated article shall be borne by the shipper and/or carrier.

SUBCHAPTER 14. OKLAHOMA BOLL WEEVIL QUARANTINE

The following words or terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

1. "Compliance agreement" means a written agreement between a person engaged in growing, dealing, or moving regulated articles and the Oklahoma Department of Agriculture, Plant Industry and Consumer Services, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the boll weevil.
2. "Cotton production equipment" means cotton equipment used to harvest, strip, transport, or destroy cotton.
3. "Eradicated zone" means that portion of this state or any other state that has been classified as boll weevil free.
4. "Eradication zone" means that portion of this state where eradication of the boll weevil is undertaken as an objective.
5. "Exemptions" mean provisions contained in these rules which provide for modifications in conditions of movement of regulated articles from regulated areas under specified conditions.
6. "Farm operator" means person responsible for production and sale of a cotton crop on any individual farm.
7. "Gin trash" means all of the material produced during the cleaning and ginning of seed cotton, bolls, or snapped cotton except the lint, cottonseed, and gin waste.
8. "Inspector" means any authorized employee of the Oklahoma Department of Agriculture, Plant Industry Division, or any other person authorized by the Board to enforce the provisions of this Subchapter.
9. "Noncommercial cotton" means cotton intended for purposes other than processing.
10. "Regulated area" means any state other than Oklahoma or any portion of that state which is infested with the boll weevil.
11. "Seed cotton" means cotton as it comes from the field prior to ginning.

1. The following articles are regulated:
2. The boll weevil (Anthonomus grandis Boheman) in any living stage of development.
3. Seed cotton.
4. Gin trash.
5. Cotton production equipment.
6. Any other products, articles, or means of conveyance, or any character not covered by Paragraphs (1) to (4) of this Section, when it is determined by an inspector that they present a hazard of spreading the boll weevil and the person in possession of the item has been notified.

The following conditions govern the movement of regulated articles:

1. A certificate or permit is required to transport regulated articles from a regulated area into or through any eradication zone in this state.
2. A certificate or permit is required to transport regulated articles from one eradication zone into or through another eradication zone, and may be required to move regulated articles(s) within an eradication zone when an inspector determines that the regulated article(s) present a hazard of spread of boll weevils and the person in possession thereof has been notified.
3. When certificates or permits are required, they shall be securely attached to the outside of the container in which the article(s) are moved except where the certificate or permit is attached to the shipping document and the regulated article(s) are adequately described on the shipping document or on the certificate or permit, the attachment of the certificate or permit to each of the containers is not required.
4. Certificates may be issued by an inspector if the regulated article(s):
   (A) Have originated in the non-infested area of this state or in a non-infested area of any other state and have not been exposed to infestation at any time;
   (B) Have been treated to destroy the infestation in accordance with approved procedures;
   (C) Have been grown, manufactured, stored, or handled in a manner that will prevent the spread or transmission of an infestation; or
   (D) When they have been examined by the inspector and found to be free of infestation.
5. Permits may be issued by an inspector to allow the movement of non-certified, regulated article(s) for specified handling, utilization, processing, or treatment in accordance with approved procedures, provided the inspector has determined that the movement will not result in the spread of the boll weevil.
6. Any certificate or permit which has been issued or authorized may be withdrawn by the inspector if they determine that the holder has not complied with any conditions for the use of the certificate or permit or with any conditions contained in a compliance agreement.

In all cases, certificates and permits shall be furnished by the carrier to the consignee at the destination of the shipment.

Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions provided a scientific permit is obtained from Plant Industry and Consumer Services and securely attached to the container of the articles or to the article.

1. As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving the articles may be required to sign a compliance agreement stipulating that they will maintain safeguards against the establishment and spread of an infestation and comply with the conditions regarding the maintenance of identity, handling, and subsequent movement of the articles, and the cleaning and treatment of the means of conveyance and containers used in the transportation of the articles as may be required by the Board.
2. Any compliance agreement may be canceled by the Board whenever it finds that the other party has failed to comply with the conditions of the agreement.
3. Any compliance agreement may be canceled when compliance is no longer required.

SUBCHAPTER 37. NURSERY STOCK SALES

35:30-37-1. Storage and display of nursery stock

1. Balled and burlapped nursery stock shall be maintained by surrounding and covering the earth ball with sawdust, peat, shingletow, or other wettable material non-toxic to plants. The moisture holding material shall be kept moist at all times.
2. Container grown nursery stock shall be watered sufficiently to maintain the viability and vigor of the stock and shall be held under temperatures that shall permit normal growth.
3. Bare-root nursery stock shall be kept under conditions of temperatures and moisture to retard growth and maintain viability.
4. Prepackaged nursery stock with roots packaged in moisture retaining plastic, peat, shingletow, or other moisture-retaining material non-toxic to plants shall be stored and displayed under conditions that shall retard etiolated (non-green) or abnormal growth and shall ensure an adequate supply of moisture to the roots at all times.

1. Woody stemmed deciduous nursery stock like fruit and shade trees, and flowering shrubs shall have moist, green cambium tissue, in the stem or stems and branches and shall have viable buds or normal green, unwilted growth sufficient to permit the stock to live and grow in a form characteristic of the species when planted and given reasonable care
2. Hardy herbaceous perennials or perennials when in a wilted, rotted or any other condition indicative of subnormal vitality shall not be sold or offered for sale.
3. Any bare-rooted or prepackaged nursery stock shall have the sprouts removed, as they greatly decrease the vitality of the stock over a period of time.
4. Balled and burlapped nursery stock in a weakened condition as evidenced by die-back or dryness of foliage or the stock having broken or loose earth balls shall not be sold or offered for sale.
5. Nursery stock on display at sales outlets not meeting the minimum vitality requirements shall be removed from public view by the owner or person in charge and not offered for sale.

1. The sprouts of a rosebush shall be removed as this will cause an increase in the devitalization of the bush.
2. Rosebushes shall have moist green cambium in the cane or canes in at least the first four (4) inches above the graft. Any single stem not meeting this requirement disqualifies the entire bush. A bush may be pruned to comply with the specification if at least one stem meeting the specification remains.
3. The individual rosebush shall have a well developed and well proportioned root system sufficient to yield a normal growth when properly planted
4. No green wax or other colored coating is permitted on rose canes which may conceal harmful insects and diseases or conceal the true condition of the cane.
5. The non-waxed rose canes shall show no shriveling or blackening from drying, or other damage, but shall be free of shriveling and a live, healthy condition shall be indicated by the cambium layer.
6. In the event of freeze damage, a rosebush shall be. considered viable if 70% of the cambium, four (4) inches above the bud union, and 100% at the bud union remains in good growing condition.

Prepackaged rosebushes with root systems packaged in moisture retaining material non-toxic to plants shall be stored and displayed under conditions that shall retard sprouting (and shall ensure an adequate supply of moisture to the roots at all times).

Bare-rooted rosebushes shall be maintained under conditions of temperature and moisture which shall retard growth and preserve vitality. Moisture shall be supplied to the root system by high humidity conditions in storage or by covering the roots with a moisture holding material non-toxic to the bush, this material shall be kept moist at all times.

1. Authorized agents shall have the authority to inspect any plant or plant product for the purpose of export. Plant products shall be inspected for insect pests and plant diseases and identified treatments may be required to meet export requirements. For phytosanitary inspection and certificate the exporter shall pay a fee determined by the Board and consistent with the USDA-APHIS Appendix 1 Fees and Costs.
2. A person may request inspection of plants and other material by the Board prior to movement or sale. The Board may assess fees to cover the cost associated with those inspections. Funds generated from the fees shall be deposited in a nonlapsing account and used to conduct the inspections.

1. Any scientific, agricultural club, horticultural club, garden club, educational or eleemosynary institution, and any department or branch of the state or federal government is exempt from inspection fees.
2. One time garage sales with fewer than 15 plants are exempt from inspection fees.

1. All growers, dealers, and landscapers license shall be issued for one (1) year and shall expire annually as follows:
   (1)  Companies whose name begins with a symbol or number and the letters A, B, C, D, E, & F and spring sales only companies shall expire on March 31^st each year (Group 1);
   (2)  Companies whose name begins with the letters G, H, I, J, K, L, & M shall expire on June 30^th each year (Group 2);
   (3)  Companies whose name begins with the letters N, O, P, Q, R, & S shall expire on September 30^th each year (Group 3); and
   (4)  Companies whose name begins with the letters T, U, V, W, X, Y, & Z shall expire on December 31^st each year (Group 4).
2. For purposes of implementing this rule, because current licenses expire on October 31^st each calender year, during the first year of implementation companies shall be charged a license fee for the following amount:
   (1)  Group 1 shall pay a license fee in the amount of 125% of the yearly fee. This will apply 25% through March 31^st and 100% through the following twelve- (12) month period;
   (2)  Group 2 shall pay a license fee in the amount of 150% of the yearly fee. This will apply 50% through June 30^th and 100% through the following twelve- (12) month period;
   (3)  Group 3 shall pay a license fee in the amount of 75% of the yearly fee. This will apply 75% through September 30^th at which time they shall be charged 100% for the following twelve- (12) month period; and
   (4)  Group 4 will have no change to the license fee process. They shall pay a license fee in the amount of 100% of the yearly fee.
3. A late fee equal to the amount of the license fee shall be assessed in addition to the license fee and shall be due after the 15^th day of the month following the renewal month.
4. As used in this subchapter, the term "grower" means a person engaged in the production of nursery stock from cuttings, plugs, seeds, or transplants for wholesale or retain sale.

After affording the certificate or license holder an opportunity for a hearing, the Board shall have the power to revoke any certificate, permit, or license for any violation of this Subarticle or nonconformity with any rule promulgated by the Board.