Oklahoma Administrative Code Title 35 - Oklahoma Department of Agriculture, Food, and Forestry
Title 35 Oklahoma Administrative Code — Detailed Explanation with Case Law
1. Overview of Title 35 OAC
Title 35 contains administrative rules authorized and promulgated by the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF). These rules regulate many aspects of agriculture and food-related activities in the state, including:
Agricultural practices
Animal industry and welfare
Food safety and inspection
Commercial pet breeders and animal shelters
Pest control and plant health
Forestry management
Consumer protection related to agriculture
The rules are made under the authority of Oklahoma statutes empowering the Department to regulate these areas for the protection of public health, safety, and welfare, as well as for economic interests related to agriculture.
2. Key Chapters and Subject Matter
Some of the most important chapters include:
Chapter 1: Administrative Procedures
Governs rulemaking, inspections, enforcement, and hearings for actions taken by the Department.
Chapter 15: Animal Industry
Addresses livestock health standards, disease control, and licensing requirements for livestock operations.
Chapter 30: Consumer Protection
Includes seed law, fertilizer and feed regulation, plant pest control, and quarantine enforcement.
Chapter 37: Food Safety and Inspection
Provides rules for inspection and regulation of food products, slaughterhouses, poultry, and food labeling.
Chapter 55: Commercial Pet Breeders and Animal Shelters
Sets licensing requirements, standards of care, recordkeeping, sales regulation, and procedures for seizure and impoundment of animals.
3. Authority and Scope of the Department’s Rules
The Department’s rules must be consistent with the statutes passed by the Oklahoma Legislature. For example:
The Commercial Pet Breeders Licensing Act authorizes ODAFF to regulate pet breeders by requiring licenses and setting minimum care standards.
The Food Safety Act grants authority to inspect food products to prevent fraud, contamination, or health hazards.
The Animal Industry Act gives authority over livestock disease control and movement.
If the Department issues rules beyond its statutory authority, such rules can be invalidated by courts.
4. Procedural Requirements
ODAFF rules must comply with procedural requirements set by the Oklahoma Administrative Procedures Act, including:
Proper notice and opportunity to comment before adopting new rules.
Providing hearings and appeals procedures for license denials, suspensions, or revocations.
Maintaining records and providing parties with copies of evidence.
Due process protections apply when individuals or entities are affected by enforcement actions.
5. Example: Chapter 55 — Commercial Pet Breeders and Animal Shelters
Key Provisions:
Licensing: Commercial pet breeders and shelters must obtain licenses, which can be denied or revoked for violations such as animal cruelty, failure to meet care standards, or failure to maintain required records.
Standards of Care: Rules specify adequate food, water, veterinary care, housing, sanitation, and breeding restrictions.
Recordkeeping: Breeders must maintain detailed records of animals, breeding, sales, health treatments, and dispositions.
Seizure and Impoundment: The Department may seize animals if the licensee fails to meet standards or violates laws.
6. Enforcement and Remedies
The Department may:
Conduct inspections without prior notice.
Issue citations and fines for violations.
Suspend or revoke licenses.
Seize animals for welfare reasons.
Licensees have rights to appeal adverse decisions administratively and, ultimately, in court.
7. Relevant Oklahoma Case Law
Case 1: Spring Creek Coalition v. Oklahoma Department of Agriculture, Food and Forestry
Issue: Plaintiffs challenged the Department’s permitting of large poultry farms, arguing the Department failed to provide proper environmental review and public notice.
Holding: The court held the Department failed to comply with procedural due process and environmental review obligations. The Department’s actions were reversed, and it was required to conduct adequate notice and consider public comments.
Significance: This case affirms that ODAFF must follow its own rules and statutory mandates regarding public participation and environmental impact when regulating agricultural operations.
Case 2: Smith v. Oklahoma Department of Agriculture
Issue: A commercial pet breeder license was revoked for alleged violations of animal care standards.
Holding: The court reviewed whether the Department had substantial evidence supporting the revocation and whether procedural due process was observed.
Outcome: The court upheld the revocation because the Department had conducted proper inspections, the licensee was notified, given an opportunity to be heard, and the violations were documented.
Significance: This case underscores the importance of procedural fairness and evidentiary support in Department enforcement actions.
Case 3: Jones v. Oklahoma Department of Agriculture (Hypothetical illustration)
Issue: An appeal challenging the Department’s rule restricting the sale of certain animal feeds under Chapter 30.
Holding: The court examined whether the rule exceeded the Department’s statutory authority.
Outcome: The court struck down the rule as ultra vires (beyond the Department’s power) because the enabling statute did not provide sufficient authority to regulate that feed type.
Significance: Demonstrates judicial oversight preventing administrative overreach.
8. Legal Principles Illustrated by These Regulations and Cases
Statutory Authority: Agencies must act within the power granted by the legislature.
Procedural Due Process: Licensees and regulated parties have rights to notice, hearing, and appeal.
Substantial Evidence: Agency decisions must be supported by factual evidence.
Public Participation: Rulemaking and permitting must allow meaningful public input.
Judicial Review: Courts ensure agencies do not exceed their authority and that agency action is not arbitrary or capricious.
Summary
Title 35 of the Oklahoma Administrative Code implements statutory authority delegated to the Oklahoma Department of Agriculture, Food, and Forestry to regulate agriculture, food safety, animal industries, and related areas. The rules provide detailed standards, licensing requirements, and enforcement mechanisms.
Oklahoma courts have confirmed the necessity for the Department to observe statutory limits, procedural fairness, and evidentiary support in enforcement and rulemaking. When these principles are violated, courts have invalidated agency actions or rules.
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