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SENATE FLOOR VERSION
April 3, 2023
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1420 By: Archer of the House
and
Jech of the Senate
An Act relating to agriculture; amending 2 O.S . 2021,
Sections 7-401, 7-403, 7-414 and 7-421, which relate
to the Oklahoma Milk and Milk Product s Act; modifying
definitions; providing that the Oklahoma Department
of Agriculture, Food, and Forestry shall cooperate
with the United States Department of Health and Human
Services, United States Public Health Service, and
the United States Food and Drug Administration for
dairy inspection and grading program; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2 021, Section 7-401, is
amended to read as follows:
Section 7-401. Sections 4 7-401 through 23 7-421 of this act
title shall be known and may be cited as the “Oklahoma Milk and Milk
Products Act”.
SECTION 2. AMENDATORY 2 O.S. 2021, Section 7-403, is
amended to read as follows:
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Section 7-403. As used in the Oklahoma Milk and Milk Products
Act:
1. “Bulk milk hauler/sampler ” means any person coll ecting
official samples who may transport raw milk from a farm or raw milk
products to or from a milk plant, receiving station, or transfer
station and has in his or her possession a permit from any state to
sample these products;
2. “Dairy farm” means any premises owned or opera ted by a “milk
producer” where one or more cows or goats hooved mammals are kept,
and from which a part or all of the milk or milk products i s sold or
offered for sale;
3. “Goat milk” means the lacteal secretion, practically free
from colostrum, obtained by the complete milking of one or more
healthy goats;
4. “Grade A milk and milk products” means milk and milk
products at any stage from pro duction through pasteurization and
packaging, that are of the minimum quality and are prod uced, hauled,
processed and distributed under conditions which meet the
requirements of the Oklahoma Milk and Milk Products Act;
5. “Inhibitor” means any chemical or antibiotic substance which
inhibits or retards the growth of bacteria in milk;
6. “Milk” means the lacteal secret ion, practically free from
colostrum, obtained by the complete milking of one or more healthy
cows hooved mammals, which contains not less than eight and one-
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fourth percent (8 1/4%) milk solids -not-fat and not less than three
and one-fourth percent (3 1/4% ) milk fat. The term “milk” shall
include goat hooved mammals milk, fluid market milk, and milk
products for the purpose of distribution to the consumer, and may
contain optional ingredients defined by the State Board of
Agriculture and shall include ungr aded and Grade A milk;
7. “Milk contact surface ” means any pipe, tank, equipment, or
facility which contacts or may contact milk during the producing,
transporting, processing, or distributing of milk and milk products;
8. “Milk distribution center” means any premises, owned or
operated by a “milk distributor”, which distributes and sells or
offers to sell milk and milk products but does not include an
establishment which sells or offers to sell Grade A milk and milk
products at retail;
9. “Milk facility” means the producing, processing,
transporting, or distributin g premises and facilities which operate
under an appropriate and valid permit issued by the Commissioner, in
compliance with the Oklahoma Milk and Milk Products Act and the
rules of the Board;
10. “Milk fat” or “butter fat” means the fat of milk;
11. “Milk plant” means any premises owned or operated by a
“milk processor” where milk or milk products are collected,
manufactured, processed, pasteurized, bottled, stored, o r prepared
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for distribution for commercial purposes including, but not limited
to, a receiving or transfer station;
12. “Milk products” means those products produced or obtained
from milk or any component or product of milk and defined by the
Board, including Grade A milk product s, ungraded raw milk and
ungraded milk products;
13. “Milk tank truck cleaning facility” means any premises or
establishment, separate from a milk plant, receiving station, or
transfer station, where a milk tank truck is cleaned a nd sanitized;
14. “Milk tank truck driver” means any person transporting raw
or pasteurized milk products between a milk plant, receiving
station, or transfer statio n;
15. “Milk transportation company ” means any person responsible
for a milk tank truck;
16. “Pasteurized milk” means Grade A raw milk which has been
pasteurized and stored in accordance with the chemical,
bacteriological, and temperature standards requi red by the Board;
17. “Receiving station” means any premises where raw milk is
received, collected, handled, store d, or cooled and prepared for
further transporting;
18. “Retail food store” means any establishment which offers
for retail sale packaged or bulk food goods for human consumption;
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19. “Transfer station” means any establishment or premises
where milk or milk products are transferred directly from one milk
tank truck to another; and
20. “Ungraded milk products ” and “manufacture grade milk
products” include, but are not limited to, butter, cheese, dry milk,
condensed milk, filled or evaporated milk, frozen dairy dessert and
mello-drink products.
SECTION 3. AMENDATORY 2 O.S. 2021, Section 7 -414, is
amended to read as follows:
Section 7-414. A. The provisions of the Oklahoma Milk and Milk
Products Act shall not be constru ed to:
1. Include incidental sales of raw milk directly to consumers
at the farm where the milk is produced;
2. Preclude the advertising of the incidental sale of goat raw
milk; and
3. Prohibit any farmer or producer from making cheese using
milk or cream produced on the farm of such farmer or producer.
B. For purposes of this section, incidental sales of goat raw
milk are those sales where the ave rage monthly number of gallons
sold does not exceed one hundred (100).
SECTION 4. AMENDATORY 2 O.S. 2021, S ection 7-421, is
amended to read as fol lows:
Section 7-421. The Oklahoma State Department of Agriculture ,
Food, and Forestry is hereby designated as the official state agency
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of this state for purposes of cooperating with and implementing the
dairy inspection and grading program under the juri sdiction of the
United States Department of Agriculture , United States Department of
Health and Human Services, United States Public Health Service, and
United States Food and Drug Administration.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whe reof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS
April 3, 2023 - DO PASS AS AMENDED BY CS