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SENATE FLOOR VERSION
February 8, 2021
SENATE BILL NO. 544 By: Dahm and Stephens
An Act relating to the sales of farmed products;
creating the Right to Commerce Act; pro viding short
title; providing for the sale of eggs and milk
directly to consumers; clarifying producer liability;
amending 2 O.S. 2011, Section 10 -78, which relates to
the sale of eggs; removing duplicate language;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 21 -1 of Title 2, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Right to
Commerce Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 21 -2 of Title 2, unless there is
created a duplication in numbering, reads as follows:
Oklahoma producers of cow milk or goat milk selling ungraded cow
milk or goat milk from their own herd production are exempt from
Sections 7-401 through 7-421 of Title 2 of the Okl ahoma Statutes.
Nothing in Title 2 of the Oklahoma Statutes shall prohibit the sale
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of cow milk or goat milk produced on the farm or p roperty and sold
directly to consumers in this state. Cow milk or goat milk sold
under this section shall be produced by cows or goats maintained on
the farm or property from which the cow milk or goat milk is sold.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 21 -3 of Title 2, unless there is
created a duplication in numbering, r eads as follows:
Oklahoma producers of eggs selling ungraded eggs from t heir own
flock production are exempt from Sections 10 -71 through 10-81 of
Title 2 of the Oklahoma Statutes. Nothing in Title 2 of the
Oklahoma Statutes shall prohibit the sale of eggs produced on the
farm or property and sold directly to consumers in this state. Eggs
sold under this section shall be produced by hens maintained on the
farm or property from which the eggs are sold.
SECTION 4. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 21 -4 of Title 2, unless there is
created a duplication in numbering, reads as follows:
All producers selling items exempted under the provisions of
this act shall assume a ll liability.
SECTION 5. AMENDATORY 2 O.S. 2011, Section 10 -78, is
amended to read as follows:
Section 10-78. A. Oklahoma producers of eggs selling ungraded
eggs from their own flock production are exempt from this
subarticle. Nothing in this subarticl e shall prohibit the sale of
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eggs produced on the farm and sold direct t o the consumer. Eggs
sold under this section shall be produced by hens maintained on the
farm from which the eggs are sold.
B. A producer may sell graded egg s if in compliance with t his
subarticle title.
SECTION 6. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND WILDLIFE
February 8, 2021 - DO PASS