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SENATE FLOOR VERSION
February 20, 2023
SENATE BILL NO. 889 By: Jech
An Act relating to milk and milk products ; amending 2
O.S. 2021, Section 7 -401, which relates to the
Oklahoma Milk and Milk Products Act ; updating
statutory reference; amending 2 O.S. 2021, Section 7-
403, which relates to definitions ; expanding certain
definitions; amending 2 O.S. 2021, Section 7 -415,
which relates to fees; amending certain a ssessed
fees; amending 2 O.S. 2021, Section 7 -421, which
relates to the official state agency; including
certain designation to certain federal agency ;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, 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:
Section 7-403. As used in the Oklahoma Milk and Milk Products
Act:
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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 hi s 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” milk producer where one or more cows or goats hoofed
mammals are kept, and from which a part or all of the milk or milk
products is are sold or offered for sale;
3. “Goat milk” means the lacteal secretion, practic ally 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 production through pasteurization and
packaging, that are of the minimum quality an d are produced, 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 secretion, practically free from
colostrum, obtained by the complete milking of one or more healthy
cows hoofed mammals, which contains not less than eight and one-
fourth percent (8 1/4%) milk solids -not-fat and not less than t hree
and one-fourth percent (3 1/4%) milk fat. The term “milk” milk
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shall include goat hoofed mammals milk, fluid market milk, and milk
products for the pur pose of distribution to the consumer, and may
contain optional ingredients defined by the State Boa rd of
Agriculture and shall include ungraded 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 produ cts;
8. “Milk distribution center ” means any premises, owned or
operated by a “milk distributor” 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 Gra de A milk
and milk products at retail;
9. “Milk facility” means the producing, proc essing,
transporting, or distributing premises and facilities which opera te
under an appropriate and valid pe rmit issued by the Commissioner of
Agriculture, in compliance with the Oklahoma Milk and Milk Products
Act and the rules of the State Board of Agriculture;
10. “Milk fat” or “butter fat” means the fat of milk;
11. “Milk plant” means any premises owned or operated by a
“milk processor” 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 statio n;
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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 products, 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 an d sanitized;
14. “Milk tank truck driver ” means any person transporting raw
or pasteurized milk products betwee n a milk plant, receiving
station, or transfer station ;
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 chemi cal,
bacteriological, and temperature standards requir ed by the Board;
17. “Receiving station” means any premises where raw milk is
received, collected, handled, stored, 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;
19. “Transfer station” means any establishment or premises
where milk or milk products are transferred directly from one mi lk
tank truck to another; and
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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 -415, is
amended to read as follows:
Section 7-415. A. A fee of one cent ($0.01) two cents ($0.02)
shall be assessed on each one hundred (100) pounds of raw mil k
produced in this state and outside of this state. Each co-op,
marketing agent, or processing plant where the raw milk is not
collected by a co-op or marketing agent, doing business in Oklahoma
shall pay the fees e ach calendar month to the Commissioner of
Agriculture to be credit ed to the Milk and Milk Products Inspection
Revolving Fund of the State Treasury.
B. There is hereby asse ssed a fee of one cent ($0.01) two cents
($0.02) on each one hundred (100) pounds of Grade A milk or milk
products processed or offered for retail sal e in Oklahoma. Each
milk plant doing business in Oklahoma shall pay the fees each
calendar month to the C ommissioner to be credited to the Milk and
Milk Products Inspection Revolving Fund o f the State Treasury.
C. A There is hereby assessed a fee assessed of two cents
($0.02) on each one hundred (100) pounds of milk or milk products
produced or processed in another state and importe d into Oklahoma
shall be the same amount assessed on milk o r milk products shipped
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to that state from Oklahoma . The person shipping or causing the
shipment of milk or milk products shall be responsible for paying
the fees semi-annually on January 1 and Ju ly 1 of each year to the
Commissioner and be credited to th e Milk and Milk Products
Inspection Revolving Fund of the State T reasury.
SECTION 4. AMENDATORY 2 O.S. 2021, Section 7 -421, is
amended to read as follows:
Section 7-421. The Oklahoma State Department of Agriculture,
Food, and Forestry is hereby designated as the official state agency
of this state for purposes of cooperating with and implementing the
dairy inspection and grading program under the j urisdiction of the
United States Department of Agriculture and the United States
Department of Health and Human Services Food and Drug
Administration.
SECTION 5. This act shall become effective Nov ember 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS
February 20, 2023 - DO PASS