SECTION 35:3-1-17. Violations of the Oklahoma Commercial Feed Law  


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  • (a)   Licensing violations.
    (1)   Failure to obtain a license pursuant to Title 2 O.S. §8-41.4.and OAC 35:30-27-11.
    (A)   First violation - $100 to $500
    (B)   Second violation - $250 to $750
    (C)   Subsequent violations - $500 to $1000
    (2)   License fee received thirty (30) days or more after renewal date pursuant to Title 2 O.S. §8.41.4. Late Filing Fee of Fifty Dollars ($50.00).
    (b)   Labeling violations.
    (1)   Failure to correctly label a commercial (branded) feed product pursuant to Title 2 O.S. §8-41.5(1) and OAC 35:30-27-2.
    (A)   First violation - $100 to $500
    (B)   Second violation - $250 to $750
    (C)   Subsequent violations - $500 to $1000
    (2)   Failure to correctly document or label customer formula feed pursuant to Title 2 O.S. §8-41.5(3)
    (A)   First violation - $100 to $500
    (B)   Second violation - $250 to $750
    (C)   Subsequent violations - $500 to $1000
    (3)   Distributing a feed containing an animal drug, animal protein by product, or non-protein nitrogen without precautionary or warning statements for correct use pursuant to OAC 35:30-27-3; OAC 35:30-27-6; OAC 35:30-27-7.
    (A)   First Violation - $250 to $1500
    (B)   Second Violation - $750 to $3000
    (C)   Subsequent Violations - $3000 to $10,000
    (4)   Failure to substantiate the safety or efficiency of a feed additive pursuant to OAC 35:30-27-8.
    (A)   First Violation - $100 to $500
    (B)   Second Violation - $250 to $750
    (C)   Subsequent Violations - $500 to $1000
    (c)   Adulterated or misbranded violations.
    (1)   The manufacture or distribution of any commercial feed that is adulterated or misbranded pursuant to 2 O.S. §8-41.7(1).
    (A)   First Violation - $250 to $1500
    (B)   Second Violation - $750 to $3000
    (C)   Subsequent Violations - $3000 to $10,000
    (2)   The adulteration or misbranding of any commercial feed pursuant to 2 O.S. §8-41.7(2).
    (A)   First Violation - $250 to $1500
    (B)   Second Violation - $750 to $3000
    (C)   Subsequent Violations - $3000 to $10,000
    (d)   Order violations.
    (1)   Violation of a stop sale order pursuant to 2 O.S. §8-41.12(A).
    (A)   First Violation - $250 to $1500
    (B)   Second Violation - $750 to $3000
    (C)   Subsequent Violations - $3000 to $10,000
    (2)   Failure to comply with condemnation or confiscation order pursuant to 2 O.S. §8-41.12(B).
    (A)   First Violation - $250 to $1,500
    (B)   Second Violation - $750 to $3,000
    (C)   Subsequent Violations - $3,000 to $10,000
    (e)   Failure to keep tonnage record and/or provide an accurate report pursuant to 2 O.S. §8-41.9(B)(2).
    (1)   First Violation - $250 to $500
    (2)   Second Violation - $250 to $750
    (3)   Subsequent Violations - $500 to $2500
    (f)   Fee violations.
    (1)   Failure to pay inspection fee by due date pursuant to 2 O.S. §8-41.9(B) shall result in a penalty of 10% of Amount Due (Minimum of $50.00).
    (2)   Failure to remit deficiency inspection fees found as a result of an audit pursuant to 2 O.S. §8-41.9(D) shall result in a penalty of $100 or 10% of amount due, whichever is greater, but shall not exceed $2,000.
    (g)   Any other violation of the Oklahoma Commercial Feed Law not otherwise addressed.
    (1)   First Violation - $100 to $500
    (2)   Second Violation - $250 to $750
    (3)   Subsequent Violations - $500 to $1000
[Source: Added at 21 Ok Reg 730, eff 4-26-04]