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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 35:3-1-20. Violations of the Oklahoma Seed Law
Latest version.
- (1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(b) Labeling and advertising violations.(1) Failure to provide a label pursuant to 2 O.S. §8-22(A) First Violation - $250 to $1500(B) Second Violation - $750 to $3000(C) Subsequent Violations - $3000 to $10,000(2) False or misleading label pursuant to 2 O.S. §8-23(A)(3); OAC 35:30-25-2; OAC 35:30-25-7.(A) First Violation - $250 to $1500(B) Second Violation - $750 to $3000(C) Subsequent Violations - $3000 to $10,000(3) False or misleading advertisement pursuant to 2 O.S. §8-23(A)(4).(A) First Violation - $250 to $1500(B) Second Violation - $750 to $3000(C) Subsequent Violations - $3000 to $10,000(4) Selling seed labeled certified that is not in compliance pursuant to 2 O.S. §8-23(B)(8).(A) First Violation - $250 to $1500(B) Second Violation - $750 to $3000(C) Subsequent Violations - $3000 to $10,000(5) Failure to provide a caution or warning statement pursuant to 2 O.S. §8-23(A)(5).(A) First Violation - $250 to $1500(B) Second Violation - $750 to $3000(C) Subsequent Violations - $3000 to $10,000(c) Standards violations.(1) Date of test exceeds standards pursuant to 2 O.S. §8-23(A)(2) and OAC 35:30-25-6.(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(2) Failure to meet minimum standards for germination and purity pursuant to 2 O.S. §8-23(B)(1) and OAC 35:30-25-5.(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(d) Content violations.(1) Exceeds maximum for inert matter and weed seed pursuant to 2 O.S. §8-23(B)(1) and OAC 35:30-25-4.(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(2) Selling seed that contains prohibited noxious weeds pursuant to 2 O.S. §8-23(B)(2) and OAC 35:30-25-4.(A) First Violation - $250 to $1500(B) Second Violation - $750 to $3000(C) Subsequent Violations - $3000 to $10,000(3) Selling seed that exceeds tolerance for restricted noxious weeds pursuant to 2 O.S. §8-23(B)(2) and OAC 35:30-25-4.(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $1000(e) Order violations.(1) Violation of Stop Sale Order pursuant to 2 O.S. §8-23(B)(6).(A) First Violation - $100 to $1000(B) Second Violation - $1000 to $5000(C) Subsequent Violations - $5000 to $10,000(2) Failure to keep records pursuant to 2 O.S. §8-23(B)(7).(A) First Violation - $100 to $500(B) Second Violation - $250 to $750(C) Subsequent Violations - $500 to $2500(f) Fee violations.(1) Failure to pay inspection fee by due date pursuant to 2 O.S. §8-26(9) shall result in a penalty of $10 or 10% of the amount due, whichever is greater.(2) Deficient inspection fees discovered by audit pursuant to 2 O.S. §8-29(B) 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 Seed Law not otherwise addressed.(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000