Oklahoma 2023 Regular Session

Oklahoma House Bill HB1772 Compare Versions

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3	34		BILL NO. 1772 By: Kane, Maynard, Duel, Hays,
4	35		George, Cantrell, Tedford
5	36		and Staires of the House
6	37
7	38		and
8	39
9	40		Daniels of the Senate
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15	45		An Act relating to public health and sa fety; amending
16	46		63 O.S. 2021, Section 1-1118, which relates to food
17	47		establishment licenses; exempting farmers market
18	48		vendor from license requirement; and providing an
19	49		effective date.
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23		-	SUBJECT: Health and safety
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25	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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27	54		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1118, is
28	55		amended to read as follows:
29		-
30	56		Section 1-1118. A. It shall be unlawful for any person to
31	57		operate or maintain any establishment, stationary or otherwise,
32	58		where food or drink is offered for sale, o r sold, to the public,
33	59		unless the person is the holder of a food establishment license
34	60		issued for such purpose by the State Commissioner of Health or
35	61		designee. A food establishment license shall not be required for:
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37	62		1. A produce stand that offers only wh ole, uncut and
38	63		unprocessed fresh fruits, melons, vegetables and legumes and/or
39	64		whole uncracked and unprocessed n uts;
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41	92		2. A manufacturer, wholesaler or broker of food licensed
42	93		pursuant to Section 1 -1119 of this title;
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44	94		3. A kitchen in a private home if only food that does not
45		-	require time and temperature control for safety is prepared for sale ~~ENR. H. B. NO. 1772 Page 2~~
	95	+	require time and temperature control for safety is prepared for sale
46	96		or service at a funct ion such as a nonprofit civic, charitable or
47	97		religious organization 's bake sale;
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49	98		4. An area where food that is prepared as specified in
50	99		paragraph 3 of this subsection is sold or offered for human
51	100		consumption;
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53	101		5. A private home that r eceives catered or home-delivered food;
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55	102		6. A hotel licensed pursuant to Section 1 -1201 of this title
56	103		which provides limited food service in compliance with rules
57	104		promulgated by the State Commissioner of Health;
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59	105		7. A kitchen in a private home or in a bed and breakfast that
60	106		prepares and offers food to guests, if the home is owner -occupied,
61	107		the number of available guest bedrooms does not exceed three, and
62	108		breakfast is the only meal offered;
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64	109		8. A nonprofit civic, charitable or religious organization
65	110		using unpaid individuals to prepare or serve food on its behalf, for
66	111		occasional fund-raising fundraising events sponsored and conducted
67	112		by the organization. For the purposes of this par agraph, an
68	113		"occasional fund-raising event" shall be defined as an event that
69	114		occurs four times a year or less;
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71	142		9. Day care centers or family day care centers, and all other
72	143		child care facilities as defined and licensed pursuant to the
73	144		provisions of the Ok lahoma Child Care Facilities Licensing Act;
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75	145		10. Nursing facilities and specialized facili ties, as defined
76	146		in and licensed purs uant to the provisions of the Nursing Home Care
77	147		Act, residential care homes as defined by the Residential Care Act,
78	148		adult day care centers as defined by the Adult Day Care Act, and
79	149		assisted living centers and continuum of care facilities licensed
80	150		pursuant to the Continuum of Care and Assisted Living Act; and
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82	151		11. Vendors at farmers markets selling frozen meat that is
83	152		either kept refrigerated or on ice; and
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85	153		12. Other establishments exempted from food establishment
86	154		licensure pursuant to state law.
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88	155		B. Each license shall expire one (1) year following the dat e of
89		-	its issuance. The State Department of Health shall charge and ~~ENR. H. B. NO. 1772 Page 3~~
	156	+	its issuance. The State Department of Health shall charge and
90	157		collect for each such license an annual fee to be fixed by the State
91	158		Commissioner of Health.
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93	159		1. The Commissioner may provide by rule for a fee-exempt
94	160		license for a food establishment oper ated by a nonprofit, civ ic,
95	161		charitable or religious organization that uses unpa id persons to
96	162		sell or offer food on a more frequent basis than the occasional
97	163		fund-raising fundraising event. A fee-exempt license shall not
98	164		expire but shall remain in full force and effec t until affirmatively
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99	192		revoked, suspended, annulled or withdrawn by the Department in
100	193		accordance with applicable law.
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102	194		2. The Commissioner may by rule also provide that l icenses for
103	195		establishments serving events of limited duration or operating on a
104	196		seasonal basis shall extend on ly for the term of the event or
105	197		season, and may by rule adjust the fees for such licenses
106	198		accordingly.
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108	199		3. The Commissioner shall provide by rule a three-day license
109	200		for vendors who only sell at farmers markets as defined in 310:257 -
110	201		1-2 of the Oklahoma Ad ministrative Code or at county fairs .
111	202		Licenses for vendors who only sell at farmers markets or county
112	203		fairs shall not exceed Fifty Dollars ($50.00 ). Vendors who do not
113	204		sell food and vendors who meet the exceptions provided in subsec tion
114	205		A of this section shall not be required to obtain a three -day
115	206		license or a food establishment license.
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117	207		4. The Commissioner shall provide by rule a multiseasonal
118	208		license for snow cone stands that sell hot beverages in addition to
119	209		snow cones. A snow cone stand that does n ot sell hot beverages
120	210		shall be considered a se asonal food establishment.
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122	211		C. The State Commissioner of Health shall promulgate reasonable
123	212		standards and rules for sanitation of establishments required to be
124	213		licensed, which shall include the following: buildings, vehicles,
125	214		and appurtenances thereto, inc luding plumbing, ventilation and
126	215		lighting; construction, cleanliness and bactericidal treatment of
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127	243		equipment and utensils; cleanliness, wholesomeness, storage and
128	244		refrigeration of food and drink sold or served; cleanliness and
129	245		hygiene of personnel; toilet facilities; disposal of waste; water
130	246		supply; and other items deemed necessary to safeguard the health,
131	247		comfort, and safety of customers.
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133	248		SECTION 2. This act shall become e ffective November 1, 2023.
134		-	ENR. H. B. NO. 1772 Page 4
135		-	Passed the House of Represen tatives the 7th day of March, 2023.
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140		-	Presiding Officer of the Hous e
141		-	of Representatives
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145		-	Passed the Senate the 18th day of April, 2023.
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150		-	Presiding Officer of the Senate
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154		-	OFFICE OF THE GOVERNOR
155		-	Received by the Office of the Governor this ____________________
156		-	day of ___________________, 20_______, at _______ o'clock _______ M.
157		-	By: _________________________________
158		-	Approved by the Governor of the State of Oklahoma this _____ ____
159		-	day of ___________________, 20_______, at _______ o'clock _____ __ M.
160		-
161		-
162		-	_________________________________
163		-	Governor of the State of Oklahoma
164		-
165		-	OFFICE OF THE SECRETARY OF STATE
166		-	Received by the Office of the Secretary of State this __________
167		-	day of ___________________, 20_______, at _______ o'clock _______ M.
168		-	By: _________________________________
	249	+	COMMITTEE REPORT BY: COMMITTEE ON BUSINES S AND COMMERCE
	250	+	April 10, 2023 - DO PASS