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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 15. CONSUMER PROTECTION SERVICES VIOLATIONS |
SECTION 35:3-1-18. Violations of the Oklahoma Fertilizer Law
Latest version.
- (1) Sale or distribution of fertilizer without a license pursuant to 2 O.S. §8-77.5(B) and OAC 35:30-29-51(A).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $10,000(2) Failure to obtain a license for each business location pursuant to 2 O.S. §8-77.5(B).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $10,000(b) Registration violations.(1) Distribution of unregistered fertilizer pursuant to 2 O.S. §8-77.5(D).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $10,000(2) Failure to register or guarantee plant nutrients pursuant to OAC 35:30-29-22(a).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $10,000(c) Label violations.(1) Failure to provide a label pursuant to 2 O.S. §8-77.6(A).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $10,000(2) Failure to provide an adequate label pursuant to 2 O.S. §8-77.6(C) and OAC 35:30-29-22(e).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $10,000(3) Failure to provide warning or caution statement when required pursuant to OAC 35:30-29-22(c).(A) First Violation - $100 to $1000(B) Second Violation - $500 to $2500(C) Subsequent Violations - $2500 to $10,000(d) Inspection fee and report violations.(1) Failure to provide semiannual inspection fee report and pay inspection fee on time pursuant to 2 O.S. §8-77.7(A) shall result in a penalty of $50 or 10% of the amount due, whichever is greater.(2) Deficient inspection fees discovered as result of an audit pursuant to 2 O.S. §8-77.7(F) shall result in a penalty of $100 or 10% of amount due, whichever is greater, but shall not exceed $2,500.(e) Distribution violations.(1) Distribution of misbranded or adulterated fertilizer pursuant to 2 O.S. §8-77.12.(A) First Violation - $500 to $5000(B) Second Violation - $2500 to $7500(C) Subsequent Violations - $5000 to $10,000(2) Distribution of nutrient deficient fertilizer pursuant to 2 O.S. §8-77.10 and OAC 35:30-29-51(c).(A) First Violation - $250 to $1500(B) Second Violation - $750 to $3000(C) Subsequent Violations - $3000 to $10,000(f) Records and reports violations.(1) Failure to keep adequate records pursuant to 2 O.S. §8-77.7(H).(A) First Violation - $100 to $1000(B) Second Violation - $500 to $2500(C) Subsequent Violations - $1500 to $10,000(2) Failure to furnish distribution report pursuant to 2 O.S. §8-77.7(B).(A) First Violation - $100 to $1000(B) Second Violation - $500 to $2500(C) Subsequent Violations - $1500 to $10,000(g) Pollution prevention violations.(1) Discharge, release, place, or cause to be placed any fertilizer materials in a location where it is likely to cause contamination of any surface or ground water pursuant to 2 O.S. §8-77.15(A) and (D) and OAC 35:30-29-34.(A) First Violation - $1000 to $10,000(B) Second Violation - $5000 to $10,000(C) Subsequent Violations - $10,000(2) Failure to properly report fertilizer discharge to Board pursuant to OAC 35:30-29-22(l).(A) First Violation - $250 to $2500(B) Second Violation - $500 to $7500(C) Subsequent Violations - $5000 to $10,000(3) Failure to prepare discharge response plan pursuant to OAC 35:30-29-22(m).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $10,000(4) Failure to have copy of discharge response plan available pursuant to OAC 35:30-29-22(n).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $10,000(h) Miscellaneous violations.(1) Failure to meet storage facility requirements pursuant to OAC 35:30-29-31 through 35:30-29-32 and OAC 35:30-29-35 through 35:30-29-37.(A) First Violation - $500 to $5000(B) Second Violation - $2500 to $7500(C) Subsequent Violations - $5000 to $10,000(2) Failure to employ a method to prevent backflow with sprinkler irrigation systems pursuant to OAC 35:30-29-33.(A) First Violation - $5000 to $10,000(B) Second Violation - $7500 to $10,000(C) Subsequent Violations - $10,000(3) Failure to meet Anhydrous Ammonia requirements pursuant to OAC 35:30-29-38.(A) First Violation - $100 to $2500(B) Second Violation - $2500 to $5000(C) Subsequent Violations - $5000 to $10,000(4) Any other violation of the Oklahoma Fertilizer Law not otherwise addressed.(A) First Violation - $100 to $2500(B) Second Violation - $1000 to $5000(C) Subsequent Violations - $2500 to $10,000(i) Ammonium nitrate violations.(1) Failure to secure ammonium nitrate facility pursuant to OAC 35:30-29-37.1(a).(A) First Violation - $1000 to $10,000(B) Second Violation - $5000 to $10,000(C) Subsequent Violations - $10,000(2) Failure to keep adequate ammonium nitrate records pursuant to OAC 35:30-29-37.1(b).(A) First Violation - $1000 to $10,000(B) Second Violation - $5000 to $10,000(C) Subsequent Violations - $10,000(3) Failure to keep ammonium nitrate records for the required time period pursuant to OAC 35:30-29-37.1(c).(A) First Violation - $1000 to $10,000(B) Second Violation - $5000 to $10,000(C) Subsequent Violations - $10,000(4) Failure to obtain license for selling ammonium nitrate pursuant to 2 O.S. Section 8-77.5(B).(A) First Violation - $1000 to $10,000(B) Second Violation - $5000 to $10,000(C) Subsequent Violations - $10,000