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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 768 By: Murdock
AS INTRODUCED
An Act relating to calf fries; amending 2 O.S. 2011,
Section 6-185, which relates to the Oklahoma Meat
Inspection Act; exempting certain product; creating
the Calf Fry Direct Sales Act; pr oviding short title;
defining terms; authorizing certain s ale of calf
fries; exempting certain producers from the Oklahoma
Meat Inspection Act; construing provisions;
prohibiting intrastate commerce; stat ing minimal
standards; requiring refrige ration, labeling,
signage, packaging and quantity; limiting
jurisdiction of sales; describing pack -date and
expiration date; stating expiration term; defining
terms; stating violation and penalty; construing
effect of serving or selling cooked calf fries;
prohibiting transport to another location for sale;
providing exception for certain transport and sale;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2011, Section 6-185, is
amended to read as follows:
Section 6-185. A. The Oklahoma Meat Inspection Act shall apply
to:
1. All carcasses or parts of carcasses of cattle, bison, sheep,
swine, goats, horses, mules , and other equines or the meat or meat
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products thereof, except those provided for in Section 2 of this
act, capable of use as human food, which may be brought into any
slaughtering, meat-canning, salting, packing, rendering , or similar
establishment, where inspection under the Oklahoma Meat Inspe ction
Act is maintained. Examination and inspection shall be made before
the carcasses or parts thereof shall be allowed to enter into any
department wherein the same are to be treated and pre pared for meat
food products; and
2. All such products which, after having been issued from any
such slaughtering, meat -canning, salting, packing, rendering, or
similar establishment, shall be returned t o the same or to any
similar establishment where suc h inspection is maintained.
B. The Board may limit the entry o f carcasses, parts of
carcasses, meat and meat food products, and other ma terials, unless
otherwise exempt by law, into any establishment at which inspection
under the Oklahoma Meat inspection Act is maintained, under the
conditions as it may prescribe to assure that allowing the entry of
such articles into such inspected establishments will be consistent
with the purposes of the Oklahoma Meat Inspection Act.
SECTION 2. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 215.1 of Title 2, unless there
is created a duplication in numb ering, reads as follows:
This act shall be known and may be cited as the “Calf Fry Direct
Sales Act”.
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SECTION 3. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 215.2 of Title 2, unless there
is created a duplication in numb ering, reads as follows:
A. As used in this section:
1. “Ambient temperature” means the atmospheric temperature
surrounding or encircling the product and container;
2. “Beef producers” means any person that has an ownership
interest in cattle;
3. “Calf fry” or “calf fries” means raw calf testicles that are
produced by castration of young male cattle for human consumption as
a part of a domestic cattle raising operation or cattle
slaughterhouse facility;
4. “Consumer” means any person using the product for human food
and human consumption including, but not limited to, commercial
restaurants and caterers;
5. “Container” means any receptacle or packagin g in which the
product is dispensed to consumers;
6. “Expiration date” means the date the products are to be
removed from sale to consumers; and
7. “Pack-date” means the date that the product was placed in
the container to sell.
B. 1. Oklahoma beef producers may sell ungraded, uninspected
and unmarked raw calf fries from their own herd production when
selling such product direct to a consumer as provided in this
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section. Raw calf fries shall be exempt from the Oklahoma Meat
Inspection Act.
2. Slaughterhouses may sell raw calf fries direct to consumers
as provided in this sec tion.
3. Nothing in this section shall prohibit the retail sale of
raw calf fries produced by a beef producer or obtained direct from a
slaughterhouse by a consumer for human consumption in this state.
4. Raw calf fries sold under this section shall be produced
from calves raised and maintained by the beef producer or processed
at the slaughterhouse from which the product is sold direct to the
consumer in this state.
5. Interstate commerce of raw calf fries is prohibited under
this section.
C. A producer of raw calf fries shall follow these minimal
standards when selling the product direct to a consumer:
1. Raw calf fries sold for human food or human consumption
shall be frozen immediately upon production or refrigerated at an
ambient temperature of forty-five degrees (45°) Fahrenheit or lower
within five (5) hours of production;
2. Raw calf fries stored by the beef producer or slaughterhouse
that are intended for direct sale to the consumer as human food
shall be held at a constant temperature in accordance with paragraph
1 of this subsection;
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3. Raw calf fries to be stored for sale as human food shall be
labeled with the following statement: “Keep frozen or refrigerated
at or below 45 degrees Fahrenheit ”;
4. Raw calf fries shall not be sold for human consumption after
five (5) hours from production without proper freezing or
refrigeration as provided in paragraph 1 of this subsection;
5. Producers of raw calf fries shall not be responsible for the
quality of the product if all handling procedures in this subsection
are followed prior to the sale of the product to a consumer;
6. At retail locations selling raw calf fries, a sign furnished
by the Oklahoma Department of Agric ulture, Food, and Forestry
stating the proper pr ocedure for storage and handling of calf fries
shall be permanently displayed at a location easil y seen by
consumers and persons handling the product;
7. The producer of raw calf fries to be sold for human
consumption must use a clean container to package and label the
product;
8. The producer and packager of raw calf fries shall affix a
pack-date and expiration date to each container of p roduct offered
for sale, except when a consumer is presen t in person at the
production location with a personal container to collect, purchase
and transport the product;
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9. The producer of raw calf fries to be sold for human
consumption may sell the product by the half-dozen, dozen or in
cases of thirty (30) dozen or more as desired; and
10. For purposes of this section, the retail sale of raw calf
fries is limited to retail sales within the jurisdiction of this
state by Oklahoma beef producers and s laughterhouses.
D. 1. A pack-date may be in a three -digit Julian date or a
calendar date.
2. An expiration date shall be used on the container, the date
shall be preceded by “EXP”, “sell by” or “use through”.
3. Frozen raw calf fries shall expire ninety (90) days aft er
initial freezing and unfrozen fresh calf fries shall expire three
(3) days after processing when consistently held at an ambient
temperature of forty-five degrees (45°) Fahrenhei t or lower.
E. 1. Any person that sells at retail, advertises or displays
for sale or offers for sale raw, calf fries direct to consumers for
human consumption without having complied with the provisions o f
this section shall, upon conviction, be guilty of a misdemeanor.
2. Nothing in this section shall prohibit a commercial
restaurant or licensed caterer from serving or selling for human
consumption cooked calf fries to consumers whether or not such
product was purchased directly from a beef producer or
slaughterhouse under this section.
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SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof th is act shall take effect and
be in full force from and after it s passage and approval.
58-1-305 NP 1/21/2021 2:09:22 PM