SECTION 35:3-1-5. Violations of certain food safety laws and rules

(a)   After notice and opportunity for a hearing in accordance with the Administrative Procedures Act, if the State Board of Agriculture finds any person in violation of the Oklahoma Agricultural Code or any rule promulgated or order issued pursuant thereto, the Board shall have the authority to assess an administrative penalty of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00) for each violation. The following shall be non-exclusive rules of construction or interpretation in the determination of the amount of penalty or fine:

(1)   Each animal, each action, or each day a violation continues may constitute a separate and distinct violation.

(2)   In no event shall this fine matrix limit the imposition of a different penalty when circumstances require. Accordingly, in determining a penalty or fine, such penalty or fine may be enhanced or enlarged, including above the range suggested by this penalty matrix, inter alia, based upon the affect or potential affect of the alleged violation on the food supply of this state or on the functioning of intrastate commerce in this state.

(3)   Nothing shall be construed as requiring the Board to report for prosecution, or for the institution of legal action or injunction proceedings, minor violations of law or rules whenever it believes that the public interest will be adequately served by a suitable written notice of warning, pursuant to 2 O.S. §§ 6-207 (b), 6-208 (b), 6-263, 6-280.15(B), and 6-290.13(B).

(b)   The penalty matrix for certain food safety laws and rules is as follows:

(1)   Inhumane slaughtering or handling of cattle, bison, sheep, swine, goats, horses, mules and other equines pursuant to 2 O.S. § 6-183 (B) or § 6-190 (b).

(A)   First Violation - $100 to $500

(B)   Second Violation - $300 to $1,500

(C)   Subsequent Violations - $1,000 to $10,000

(2)   Sale or offer for sale in intrastate commerce of any meat or meat food products of any cattle, bison, sheep, swine, goat, horse, mule and/or other equine which is capable of use as human food prepared for intrastate commerce under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size pursuant to 2 O.S. § 6-187.

(A)   First Violation - $100 to $500

(B)   Second Violation - $300 to $1,500

(C)   Subsequent Violations - $1,000 to $10,000

(3)   Slaughtering of any cattle, bison, sheep, swine, goats, horses, mules and other equines and/or the preparation of any meat or meat food products which are capable of use as human food for use in intrastate commerce at a facility that is neither inspected under 2 O.S. § 6-185 or exempt therefrom pursuant to 2 O.S. § 6-190 (a).

(A)   First Violation - $100 to $500

(B)   Second Violation - $300 to $1,500

(C)   Subsequent Violations - $2,500 to $10,000

(4)   Sale, transportation, offer for sale or transportation, or receipt for transportation in intrastate commerce of any meat or meat food products of any cattle, bison, sheep, swine, goat, horse, mule and/or other equine which is capable of use as human food and which is (i) adulterated or misbranded pursuant to 2 O.S. § 6-190 (c); or (ii) required to be inspected and passed and is not pursuant to 2 O.S. § 6-190 (d); or (iii) prepared in a facility that fails to meet the requirements of the custom processing exemption of OAC 35:37-3-5 and such facility is not an inspected facility under 2 O.S. § 6-190 (d) or exempt.

(A)   First Violation - $100 to $500

(B)   Second Violation - $300 to $1,500

(C)   Subsequent Violations - $2,500 to $10,000.

(5)   Casting, printing, lithographing, or otherwise making any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof or forging any official device, mark, or certificate except as authorized by the Board pursuant to 2 O.S. § 6-191 (a) or (b).

(A)   First Violation - $100 to $500

(B)   Second Violation - $300 to $1,500

(C)   Subsequent Violations - $1,000 to $10,000

(6)   Use of any official device, mark, or certificate, or simulation thereof, or the alteration, detachment, defacement, or destruction of any official device, mark, or certificate without authorization from the Board pursuant to 2 O.S. § 6-191 (b).

(A)   First Violation - $100 to $500

(B)   Second Violation - $300 to $1,500

(C)   Subsequent Violations - $1,000 to $10,000

(7)   Failure to use, or to detach, deface, or destroy any official device, mark, or certificate contrary to the regulations prescribed by the Board pursuant to 2 O.S. § 6-191 (b).

(A)   First Violation - $100 to $500

(B)   Second Violation - $300 to $1500

(C)   Subsequent Violations - $1,000 to $10,000

(8)   Knowingly possessing, without promptly notifying the Board or its representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark pursuant to 2 O.S. § 6-191 (b).

(A)   First Violation - $100 to $500

(B)   Second Violation - $300 to $1,500

(C)   Subsequent Violations - $1,000 to $10,000

(9)   Knowingly making any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Board pursuant to 2 O.S. § 6-191 (b).

(A)   First Violation - $100 to $500

(B)   Second Violation - $300 to $1,500

(C)   Subsequent Violations - $1,000 to $10,000

(10)   Knowingly representing that any meat or meat food products of any cattle, bison, sheep, swine, goat, horse, mule and/or other equine which is capable of use as human food has been inspected and passed, or exempted under the Oklahoma Meat Inspection Act when, in fact, it has not been so inspected and passed, or exempted pursuant to 2 O.S. § 6-191 (b).

(A)   First Violation - $100 to $500

(B)   Second Violation - $300 to $1,500

(C)   Subsequent Violations - $2,500 to $10,000

(11)   Sale, transportation, offer for sale or transportation, or receipt for transportation in intrastate commerce, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the Board to show the kinds of animals from which they were derived pursuant to 2 O.S. § 6-192.

(A)   First Violation - $100 to $500

(B)   Second Violation - $300 to $1,500

(C)   Subsequent Violations - $1,000 to $10,000

(12)   With respect to facilities that are required to be inspected under 2 O.S. § 6-185, preparing any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof other than in establishments separate from those in which cattle, sheep, swine, or goats are slaughtered or their carcasses, parts thereof, meat or meat food products are prepared pursuant to 2 O.S. § 6-192.

(A)   First Violation - $100 to $500

(B)   Second Violation - $300 to $1,500

(C)   Subsequent Violations - $1,000 to $10,000

[Source: Added at 29 Ok Reg 895, eff 7-1-12]