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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 35:3-1-19. Violations of the Oklahoma Horticulture Law
Latest version.
- (1) Failure to obtain a license pursuant to 2 O.S. §3-32.8(8).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(2) Misrepresenting or falsifying information on a license application pursuant to 2 O.S. §3-32.8(7).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(3) Allowing a license to be used by any person other than the person to whom the license was issued pursuant to 2 O.S. §3-32.8(9).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(4) Failure to provide the legal description of all growing locations of nursery stock or sod pursuant to 2 O.S. §3-32.8(10).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(5) Making a false declaration of acreage pursuant to 2 O.S. §3-32.8(1)(b).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(b) Plant health and quality violations.(1) Offering for sale nursery stock which is seriously or substantially devitalized pursuant to 2 O.S. §3-32.8(1)(d).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(2) Selling, offering for sale, or distributing any nursery stock infected or infested with a plant pest pursuant to 2 O.S. §3-32.8(4).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(3) Selling, offering for sale, or distributing nursery stock that is not healthy, sound, and capable of growth pursuant to 2 O.S. §3-32.8(5).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(4) Misrepresenting the grade, character, variety, or quality of any nursery stock pursuant to 2 O.S. §3-32.8(1)(a).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(5) Mislabeling nursery stock by using the wrong common name or botanical name pursuant to 2 O.S. §3-32.8(14).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(6) Failure to carry out treatment or destruction of nursery stock as ordered by the Board pursuant to 2 O.S. §3-32.8(6).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(7) Selling, moving, or distributing nursery stock or other material under quarantine pursuant to 2 O.S. §3-32.8(13).(A) First Violation - $100 to $2500(B) Second Violation - $2500 to $7500(C) Subsequent Violations - $7500 to $10,000(8) Selling nursery stock restricted by a stop sale order pursuant to 2 O.S. §3-32.8(12).(A) First Violation - $250 to $1000(B) Second Violation - $1000 to $5000(C) Subsequent Violations - $5000 to $10,000(9) 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 pursuant to 2 O.S. §3-32.8(15).(A) First Violation - $100 to $2500(B) Second Violation - $2500 to $7500(C) Subsequent Violations - $7500 to $10,000(10) Any other violation of the Oklahoma Horticulture Law not otherwise addressed(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000