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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry |
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Chapter 3. Fine Matrices |
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Subchapter 1. Fine Schedules |
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Part 9. GRAIN WAREHOUSE VIOLATIONS |
SECTION 35:3-1-10. Violations of the Public Warehouse and Commodity Indemnity Act
Latest version.
- (1) Failure to obtain or operate an elevator without a charter pursuant to 2 O.S. §9-22 and OAC 35:10-7-10.(A) First Violation - $100 to $1000(B) Second Violation - $1000 to $5000(C) Subsequent Violations - $5000 to $10,000(2) Failure to obtain surety in lieu of a bond, certificate of deposit, or irrevocable letter of credit pursuant to 2 O.S. §9-22.(A) First Violation - $100 to $1000(B) Second Violation - $1000 to $5000(C) Subsequent Violations - $5000 to $10,000(3) Failure to insure commodities for full market value pursuant to 2 O.S. §9-26.(A) First Violation - $100 to $500(B) Second Violation - $500 to $1000(C) Subsequent Violations - $1000 to $10,000(b) Scale ticket, warehouse receipt, and record keeping violations.(1) Failure to issue a scale ticket pursuant to 2 O.S. §9-27 and OAC 35:10-7-1.(A) First Violation - $100 to $500(B) Second Violation - $500 to $750(C) Subsequent Violations - $750 to $2500(2) Failure to have a licensed weigher and grader at each location to supervise weighing and grading of commodities received and signing of the scale tickets pursuant to 2 O.S. §9-27 and OAC 35:10-7-1.(A) First Violation - $100 to $500(B) Second Violation - $500 to $750(C) Subsequent Violations - $750 to $2500(3) Issued or received a fraudulent warehouse receipt pursuant to 2 O.S. §9-28, 2 O.S. §9-34, 2 O.S. §9-35, and OAC 35:10-7-1.(A) First Violation - $500 to $2500(B) Second Violation - $1000 to $7500(C) Subsequent Violations - $3000 to $10,000(4) Delivery of commodities without cancellation of warehouse receipt pursuant to 2 O.S. §9-28, 2 O.S. §9-34, 2 O.S. §9-35, and OAC 35:10-7-1.(A) First Violation - $500 to $2500(B) Second Violation - $1000 to $7500(C) Subsequent Violations - $3000 to $10,000(5) Failure to maintain complete and accurate records and reports pursuant to 2 O.S. §9-25, OAC 35:10-7-1, and OAC 35:10-7-7.(A) First Violation - $100 to $3000(B) Second Violation - $750 to $7500(C) Subsequent Violations - $3000 to $10,000(c) Warehouse exam and financial statement violations.(1) If examination determines that warehouseman is in a short position, or has operated in a short position for longer than 72 hours since their last examination, any shortage position of quantity is a violation pursuant to 2 O.S. §9-27 and OAC 35:10-7-7.(A) First Violation - $100 to $500(B) Second Violation - $500 to $750(C) Subsequent Violations - $750 to $2500(2) Failure to submit a current financial statement within ninety (90) days following year end close of business pursuant to 2 O.S. §9-22 and OAC 35:10-7-12.(A) First Violation - $100 to $500(B) Second Violation - $250 to $1000(C) Subsequent Violations - $750 to $5000(d) Scale and equipment, approved storage space, and warehouse safety violations.(1) Failure to maintain correct and accurate scales and equipment pursuant to 2 O.S. §9-32.(A) First Violation - $100 to $1000(B) Second Violation - $750 to $1500(C) Subsequent Violations - $1500 to $5000(2) Failure to obtain Department approval of storage space as conventional, temporary, or emergency space pursuant to OAC 35:10-7-14, OAC 35:10-7-5, and OAC 35:10-7-14.(A) First Violation - $100 to $500(B) Second Violation - $500 to $1000(C) Subsequent Violations - $1000 to $5000(3) Failure to provide safe and sanitary working conditions pursuant to OAC 35:10-7-8.(A) First Violation - $100 to $1000(B) Second Violation - $1000 to $5000(C) Subsequent Violations - $5000 to $10,000(e) Miscellaneous violations.(1) Issue a delayed pricing contract, deferred payment contract, or any other records for sales of commodities in a fraudulent manner without the full knowledge and consent of the producer pursuant to 2 O.S. §9-34.(A) First Violation - $100 to $1000(B) Second Violation - $750 to $5000(C) Subsequent Violations - $3000 to $10,000(2) Failure to notify the management of the public warehouse that a lien or mortgage exists on any commodities that any person deposits or attempts to deposit in a public warehouse pursuant to 2 O.S. §9-37.(A) First Violation - $100 to $500(B) Second Violation - $500 to $1000(C) Subsequent Violations - $750 to $2500(3) Any depositor who knowingly or negligently offers for deposit or for sale commodities which have been contaminated or have been determined to be a threat to the health or safety of the public or a condition that affects the marketability of a commodity pursuant to OAC 35:10-7-18.(A) First Violation - $100 to $10,000(B) Second Violation - $3000 to $10,000(C) Subsequent Violations - $5000 to $10,000