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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1023 By: Jett
AS INTRODUCED
An Act relating to agriculture; amending 2 O.S. 2021,
Sections 7-403 and 7-414, which relates to the
Oklahoma Milk and Milk Products Act; defining term;
excluding donkey milk from provisions of act; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 7 -403, is
amended to read as follows:
Section 7-403. As used in the Oklahoma Milk and Milk Products
Act:
1. “Bulk milk hauler/sampler ” means any person collecting
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 operated by a “milk
producer” where one or more cows or goats are kept, and from which a
part or all of the milk or milk products is sold or offered for
sale;
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3. “Donkey milk” means the lacteal secretion, practically free
from colostrum, obtained by the complete milking of one or more
healthy donkeys;
4. “Goat milk” means the lacteal secretion, practically f ree
from colostrum, obtained by the complete milking of one or more
healthy goats;
4. 5. “Grade A milk and milk products ” means milk and milk
products at any stage from production through pasteurization an d
packaging, that are of the minimum quality and a re produced, hauled,
processed and distributed under conditions which meet the
requirements of the Oklahoma Milk and Milk Produ cts Act;
5. 6. “Inhibitor” means any chemical or antibiotic substance
which inhibits or retards the growth of bacteria in milk;
6. 7. “Milk” means the lacteal secretion, practically free from
colostrum, obtained by the complete milking of one or more hea lthy
cows, which contains no t less than eight and one -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 milk,
fluid market milk, and milk products for the purpo se of distribution
to the consumer, and may contain optional ingredients define d by the
State Board of Agriculture and shall incl ude ungraded and Grade A
milk;
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7. 8. “Milk contact surface ” means any pipe, tank, equipment,
or facility which contacts or may contact milk during the produc ing,
transporting, processing, or distributing o f milk and milk products;
8. 9. “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 includ e an
establishment which sells or offers to s ell Grade A milk and milk
products at retail;
9. 10. “Milk facility” means the producing, processing,
transporting, or distributing 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. 11. “Milk fat” or “butter fat” means the fat of milk;
11. 12. “Milk plant” means any premises owned or operated by a
“milk processor” where milk or milk products are collected,
manufactured, processed, pasteurized, bottled, stored, or prepared
for distribution for commercial purposes including, but not limited
to, a receiving or transfer station;
12. 13. “Milk products” means those products produced or
obtained from milk or any compo nent or product of milk and defined
by the Board, including Grade A milk products, ungraded raw milk and
ungraded milk products;
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13. 14. “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 and sanitized;
14. 15. “Milk tank truck driver ” means any person transporting
raw or pasteurized milk products between a milk plant, receiving
station, or transfer station;
15. 16. “Milk transportation company” means any person
responsible for a milk tank truck;
16. 17. “Pasteurized milk” means Grade A raw milk which has
been pasteurized and stored in accordance with th e chemical,
bacteriological, and temperature standards required by the Board;
17. 18. “Receiving station” means any premises whe re raw milk
is received, collected, handled, stored, or cooled and prepared for
further transporting;
18. 19. “Retail food store” means any establishment which
offers for retail sale packaged or bulk food goods for human
consumption;
19. 20. “Transfer station” means any establishment or premises
where milk or milk products are transferred directly from one milk
tank truck to another; and
20. 21. “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.
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SECTION 2. AMENDATORY 2 O.S. 2021, Section 7 -414, is
amended to read as follow s:
Section 7-414. A. The provisions of the Oklahoma Milk and Milk
Products Act shall not be construed 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 milk
or donkey 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 milk
or donkey milk are those sales where the average monthly number of
gallons sold does not exceed one hundred (100).
SECTION 3. This act shall become effective November 1, 2023.
59-1-231 MR 1/19/2023 12:37:04 PM