Plant Industry

The Oklahoma Agricultural Liming Materials Act is a consumer protection and labeling law. “Ag Lime” (for short) is a product whose calcium and magnesium compounds are capable of neutralizing soil acidity. However, no agricultural liming material shall be sold or offered for sale in this state which contains toxic materials in quantities injurious to plants or animals. All liming materials must be registered with the Department and properly labeled with the following information before being offered for sale or distributed in Oklahoma.

The name and principal office address of the manufacturer or distributor;
The brand or trade name, if any, of the material;
The identification of the product as to the type of the agricultural liming material;
The net weight of the agricultural liming material; and
The minimum percentage of “Effective Calcium Carbonate Equivalent” (ECCE) guaranteed.

The law also requires any person spreading liming materials commercially or on properties belonging to others to obtain an ag lime vendor’s license. The license fee is twenty-five dollars ($25.00) annually and expires December 31st of each year. The law gives the Department the authority to sample and test material to determine if it is correctly labeled. It also requires firms or individuals who sell or distribute ag lime in Oklahoma to pay semi-annual inspection fees.

The Oklahoma Commercial Feed Law regulates commercial feed and feed ingredients that are sold and/or distributed within the state. Regulated materials include finished rations, supplements, mixed grains, processed grains, vitamins, minerals, animal drugs, and other feed additives. Any manufacturer or distributor whose name appears on the label or invoice of a feed material as the guarantor is required to obtain a valid license and pay a semi-annual inspection fee.

Field personnel inspect feed manufacturing facilities to ensure compliance with Good Manufacturing Practices and the proper use of animal proteins. Samples are obtained at these facilities and at retail outlets to ensure proper labeling and compliance with label guarantees. Field inspectors also investigate feed related complaints.

The Oklahoma Fertilizer Law provides consumer, ground water, and surface water protection. This includes fertilizers used in agriculture production, lawns, and gardens. Each brand and grade of commercial fertilizer must be registered with the Department and properly labeled with the following information before being offered for sale or distributed in Oklahoma.

The net weight of the contents of the package, lot, or parcel;
Brand name and grade of fertilizer;
The name and address of the registrant or the person guaranteeing the product;
The guaranteed analysis showing the minimum percentage of plant food claimed.
Directions for use of the product

Additional plant food elements may also be included in the guarantee. Any element that is claimed on the bag or accompanying literature must be in the guaranteed analysis.

In addition to product registration any person that is operating a business that is engaged in the distribution, use, or sale of a commercial fertilizer must obtain a license from the Department for each business location. This does not apply to the ultimate consumer engaged in the physical act of application or to a retail store selling only bagged registered fertilizer.

The Law gives the Department the authority to sample and test fertilizers to determine if they are correctly labeled. It also requires that all firms who are registered pay a semi-annual inspection fee on all products distributed in Oklahoma. Part of this inspection fee goes to a special Soil Fertility Research Account at Oklahoma State University for the sole purpose of conducting soil fertility research involving efficient fertilizer use for agronomic crops and forages and ground water protection from plant food nutrients.

The Law also has preventative measures to protect surface and ground waters from being contaminated with fertilizer. The law states in part: “No person owning or operating a fertilizer storage facility shall discharge or otherwise release or place or cause to be placed any fertilizer material in a location where it is likely to cause contamination of any surface water or ground water of the state.”

Consumer Protection Services field staff inspects each facility in Oklahoma at least annually. Field staff also conduct annual safety inspections of all the anhydrous ammonia tanks within the state.

Regulated articles

The following articles are regulated from coming into Oklahoma from areas where the Boll Weevil has not been eradicated.

(1)    The boll weevil (Anthonomus grandis Boheman) in any living stage of development.
(2)    Cotton.
(3)    Cotton products.
(4)    Cotton production equipment.
(5)    Any other products, articles, means of conveyance, or any other item not already listed if determined by an inspector that a hazard of spreading the boll weevil exists and the person in possession has been notified.

Oklahoma Boll Weevil Eradication Organization

The purpose of the grain warehouse program is to protect grain producers who have stored their commodities in a publicly charted warehouse through warehouse examination. The program also administers an Indemnity Fund established for the benefit of producers who have stored grain in a chartered warehouse.

Association of Grain Regulatory Officials

www.agroonline.org

Check-off Commission Groups

The Oklahoma Department of Agriculture, Food, and Forestry is currently waiting on approval of our state hemp plan from USDA AMS. Under the state hemp plan a grower can apply to ODAFF for a license to grow hemp at each of their cultivation site location(s). By law, industrial hemp must have less than 0.3% Total THC. THC is the chemical that produces the euphoric effect or “high” of other cannabis plants.

In 2019, ODAFF licensed 359 industrial hemp growers, 21,635 acres, and 343,339 sq. ft.

The spread of noxious weeds is a problem facing many landowners in Oklahoma. The Oklahoma Noxious Weed Law declares Musk, Scotch, and Canada thistles to be noxious weeds and a public nuisance. All landowners whose property is infested with these thistles are required to control the thistles on their land. Failure to do so can result in an enforcement action and/or fine being assessed.

There are currently no funds available to assist landowners with the cost associated with the control of these thistles. However, landowners are encouraged to contact Oklahoma State University Extension for recommendations on a plan of action.

Individuals wishing to report thistle infestations that are not being controlled can file a complaint with the Oklahoma Department of Agriculture, Food and Forestry. The landowner will then be notified and informed about their responsibility.

Musk Thistle
Scotch Thistle
Canada thistle

Fact Sheets

Integrated Management of Invasive Thistles in Oklahoma
Thistles in Oklahoma and Their Identification
Musk Thistle Overview Video – Compliments of Oklahoma State Extension

Complaint Form

Oklahoma Noxious Weeds Complaint Form

Law

The Oklahoma Horticulture Law and Rules provide for ongoing routine inspection of plants, shrubs, and trees, with the goal of minimizing the spread of insect pests, plant diseases, and invasive species. Field personnel check plants at nurseries, greenhouses, and garden centers to ensure that the plants are not infested. The law also requires the licensing of anyone engaged in the business of growing plants for sale (Grower License), selling plants (Dealer License), or contracting to install plants (Landscaper License). A license is not needed to sell cut or dried flowers and herbs, cut Christmas trees, or fruits and vegetables.

The nursery program also processes state and federal phytosanitary certificates, which certify plants and plants products as being free of infestation for export.

In addition, different surveys are conducted annually to ensure rapid detection of plant pests and to certify pest-free status for shipping.

Grower

Dealer

Landscaper

The Cooperative Agricultural Pest Survey (CAPS) is a pest detection program aimed at safeguarding U.S. agricultural and environmental resources by ensuring that new introductions of harmful plant pests and diseases are detected as soon as possible, before they have a chance to cause significant damage. The Oklahoma Department of Agriculture, Food and Forestry is in partnership with the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA-APHIS) to spread awareness of the impact that certain invasive insects could have on Oklahoma’s growers and economy, and to survey to detect an insect before it becomes an epidemic to our diverse agricultural industries.

CAPS programs include:

Infrastructure
Wood Commodity Survey
Karnal Bunt Survey
Imported Fire Ant Survey
Phytophthora ramorum Survey

The Consumer Protection Services Division (CPS) assists exporters and shippers in meeting the plant quarantine requirements of foreign countries and individual states. As a part of this service, the CPS reviews the current information on the plant quarantine requirements of foreign countries and each state of the United States. We also inspect plants and plant products offered for export and shipping, and issue federal and state phytosanitary certificates for those shipments.

Phytosanitary Certificate Application for Federal or State

Quarantines are put in place in order to stop the artificial spread of insects and diseases by humans. Regulated materials moving from quarantine areas to non-quarantine areas are subject to certain restrictions. For many invasive insects, there are no treatment options and material from quarantine areas must be sent back to their origin or destroyed. Check with the Oklahoma Department of Agriculture, Food, and Forestry before you transport regulated materials outside of a quarantine area. This will avoid delays for you and prevent the spread of a dangerous infestation for the rest of Oklahoma.

Imported Fire Ant Quarantine

OSU Imported Fire Ant Entomology Page
USDA-Imported Fire Ant
Baled Hay Producers, Don’t Transport Imported Fire Ants

Regulated articles include:

Live plants
Hay
Soil
Firewood
Soil moving equipment
Unprocessed plant products

Before you move any articles listed above out of a quarantine area, make sure you are in compliance with our standards of shipment. This can be as simple as storing your hay, soil, and plants in a structure that physically excludes imported fire ants from the commodity. However, some live plants require treatment with an insecticide approved to control imported fire ant.

Current quarantined Oklahoma counties (as of 9/2020)

Atoka
Bryan
Carter
Choctaw
Coal
Comanche
Cotton
Garvin
Jackson
Jefferson
Johnston
Latimer
LeFlore
Love
Marshall
McCurtain
Murray
Pittsburgh
Pontotoc
Pushmataha
Stephens
Tillman

Thousand Cankers Disease of Walnuts Quarantine

Oklahoma Forestry Services, Emergency Quarantine for Thousand Cankers Disease

Regulated articles include:

Live walnut trees
Mulch
Firewood
Boards
Roots
Branches
Green lumber
Living, dead, cut or fallen logs

Any of these walnut tree articles from a quarantine area are prohibited in Oklahoma without a compliance agreement from the USDA. If you live in a state within the quarantine, check with your state’s department of agriculture for regulations before shipping material to Oklahoma.

The Oklahoma Seed Law is a consumer protection and labeling law. It requires agricultural or vegetable seed to be properly labeled with specific information to inform the consumer about the quality of the seed they are buying. This information includes the kind and variety of seed, percentage of pure seed, percentage of inert matter, percentage of other crop seed, percentage of weed seed, the name and number of noxious weed seed per pound, the origin, percentage of germination, and the date the seed was tested. The name and address of the firm or individual who labeled or distributed the seed must also be included on the label.

The Law gives the Department the authority to sample and test seed distributed in Oklahoma to determine if it is correctly labeled. It also requires all firms or individuals who sell or distribute seed in Oklahoma to have a valid Oklahoma Seed Dealer License and to pay inspection fees on the seed they label.

The purpose of the Oklahoma Soil Amendment Act is to protect consumers. It is closely allied with the Fertilizer Law and the Agricultural Liming Materials Act. The term “soil amendment” means any substance which is intended to improve the physical, chemical, or other characteristics of soil, plants or horticultural growing media. It also includes any natural or synthetic substance applied to plants or seeds that is intended to improve crop production, germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plants. It does not include: commercial fertilizers, agricultural liming materials, agricultural gypsum, un-manipulated animal manures, un-manipulated vegetable manures, and pesticides; provided that commercial fertilizer shall be included if it is represented to contain, as an active ingredient, a substance other than a recognized plant food element or is represented as promoting plant growth by other than supplying a recognized plant food element.

All Soil Amendment products must be registered with the Department prior to being sold or distributed in Oklahoma. The registration fee is one hundred dollars ($100.00) per product and they expire December 31st of each year. The application for registration shall include a copy of the label and a copy of all advertisements, brochures, posters and television and radio announcements to be used in promoting the sale of the product. The Soil Amendment Act also has an “adulterated” section that states a product can not contain any deleterious or harmful agents in sufficient amount to render it injurious to beneficial plants, animals, aquatic life, soil, or water when applied in accordance with directions for use on the label.

The Department may require proof of claims made for any soil amendment product. For evidence of usefulness and value of the product, the Department may rely on experimental data, evaluations or advice supplied from such sources as the director of the agricultural experiment station. The experimental design shall be related to Oklahoma conditions for which the product is intended.

The Act gives the Department the authority to sample and test the products to determine if they are correctly labeled.

There is a growing demand for certified weed free forage and mulch as a preventative program to reduce the spread of noxious weeds. Certified weed free forage is required in many states and on federal lands. There are also state and federal agencies that require certified weed free mulch for highway and right-of-way projects and for restoration on seeded areas following fires.

The certified weed free forage program provides an opportunity for Oklahoma producers to market certified hay and mulch as value-added products. This provides forage and mulch buyers a marketable and transportable product and will help reduce the introduction and spread of noxious weeds onto public and private lands. Accordingly, hopefully the program will increase producer awareness of their role in weed management, and provide increased weed management and reduction of weed infestations.

The Department has a certification process for forage and mulch products. Hay and grain fields can be inspected and once a field has passed inspection, bales from the field can be labeled as “certified weed-free” and will be issued a transit certificate.

Plant Industry

Ag Lime

Feed

Fertilizer

SENSITIVE CROP VIEWER

Boll Weevil

Grain Warehouse

Industrial Hemp

Noxious Weeds

Nursery

Pest Survey

Phytosanitary Certificate

Quarantines

Seed

Soil Amendment

Weed Free Forage