Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB889 Compare Versions

Version 1 (Old)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 889 By: Jech of the Senate
7	37
8	38		and
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10	40		Archer of the House
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15	45		An Act relating to milk and milk products ; amending 2
16	46		O.S. 2021, Section 7-401, which relates to the
17	47		Oklahoma Milk and Milk Products Act ; updating
18	48		statutory reference; amending 2 O.S. 2021, Section 7 -
19	49		403, which relates to definitions ; expanding certain
20	50		definitions; amending 2 O.S. 2021, Section 7 -415,
21	51		which relates to fees; amending certain a ssessed
22	52		fees; amending 2 O.S. 2021, Section 7 -421, which
23	53		relates to the official state agency; including
24	54		certain designation to certain federal agency ;
25	55		updating statutory language; and providing an
26	56		effective date.
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31		-	SUBJECT: Milk and milk products
32		-
33	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
34		-
35	62		SECTION 1. AMENDATORY 2 O.S. 2021, Section 7-401, is
36	63		amended to read as follows:
37		-
38	64		Section 7-401. Sections 4 7-401 through 23 7-421 of this act
39	65		title shall be known and may be cited as the “Oklahoma Milk and Milk
40	66		Products Act”.
41		-
42	67		SECTION 2. AMENDATORY 2 O.S. 2021, Section 7-403, is
43	68		amended to read as follows:
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45	96		Section 7-403. As used in the Oklahoma Milk and Milk Products
46	97		Act:
47		-
48		-	ENR. S. B. NO. 889 Page 2
49		-
50	98		1. “Bulk milk hauler/sampler ” means any person collecting
51	99		official samples who may transport raw milk from a farm or raw milk
52	100		products to or from a milk plant, receiving station, or transfer
53	101		station and has in hi s or her possession a permit from any state to
54	102		sample these products;
55		-
56	103		2. “Dairy farm” means any premises owned or operated by a “milk
57	104		producer” milk producer where one or more cows or goats hoofed
58	105		mammals are kept, and from which a part or all of the milk or milk
59	106		products is are sold or offered for sale;
60		-
61	107		3. “Goat milk” means the lacteal secretion, practically free
62	108		from colostrum, obtained by the complete milking of one or mo re
63	109		healthy goats;
64		-
65	110		4. “Grade A milk and milk products ” means milk and milk
66	111		products at any stage from production through pasteurization and
67	112		packaging, that are of the m inimum quality and are produced, hauled,
68	113		processed and distributed under conditions whic h meet the
69	114		requirements of the Oklahoma Milk and Milk Products Act;
70		-
71	115		5. “Inhibitor” means any chemical or antibiotic substance which
72	116		inhibits or retards the growth of b acteria in milk;
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74	117		6. “Milk” means the lacteal secretion, practically free from
75	118		colostrum, obtained by the complete milking of one or more healthy
76	119		cows hoofed mammals, which contains not less than eight and one-
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77	147		fourth percent (8 1/4%) milk solids -not-fat and not less than three
78	148		and one-fourth percent (3 1/4%) milk fat. The term “milk” milk
79	149		shall include goat hoofed mammals milk, fluid market milk, and milk
80	150		products for the pur pose of distribution to the consumer, and may
81	151		contain optional ingredients defined by the State Board of
82	152		Agriculture and shall include ungraded and Grade A milk;
83		-
84	153		7. “Milk contact surface” means any pipe, tank, equipment, or
85	154		facility which contacts or may contact milk during the producing,
86	155		transporting, processing, or distributing of mi lk and milk products;
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88	156		8. “Milk distribution center ” means any premises, owned or
89	157		operated by a “milk distributor” milk distributor, which distributes
90	158		and sells or offers to sell milk and milk products but does not
91		-
92		-	ENR. S. B. NO. 889 Page 3
93	159		include an establishment which sells or o ffers to sell Grade A milk
94	160		and milk products at retail;
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96	161		9. “Milk facility” means the producing, processing,
97	162		transporting, or distributing premises and facilities which opera te
98	163		under an appropriate and valid pe rmit issued by the Commissioner of
99	164		Agriculture, in compliance with the Oklahoma Milk and Milk Products
100	165		Act and the rules of the State Board of Agriculture;
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102	166		10. “Milk fat” or “butter fat” means the fat of milk;
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104	167		11. “Milk plant” means any premises owned or operated by a
105	168		“milk processor” milk processor where milk or milk products are
106	169		collected, manufactured, processed, pasteurized, bottle d, stored, or
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107	197		prepared for distribution for commercial purposes including, but not
108	198		limited to, a receiving or transfer statio n;
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110	199		12. “Milk products” means those products produced or obtained
111	200		from milk or any component or product of milk and defined by the
112	201		Board, including Grade A milk products, ungraded raw milk and
113	202		ungraded milk products;
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115	203		13. “Milk tank truck cleaning facility ” means any premises or
116	204		establishment, separate from a milk plant, receiving station, or
117	205		transfer station, where a milk tank truck is cleaned and sanitized;
118		-
119	206		14. “Milk tank truck driver ” means any person transporting raw
120	207		or pasteurized milk products betwee n a milk plant, receiving
121	208		station, or transfer station;
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123	209		15. “Milk transportation company ” means any person responsible
124	210		for a milk tank truck;
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126	211		16. “Pasteurized milk” means Grade A raw milk which has been
127	212		pasteurized and stored in accordance with the chemi cal,
128	213		bacteriological, and temperature stand ards required by the Board;
129		-
130	214		17. “Receiving station” means any premises where raw milk i s
131	215		received, collected, handled, stored, or cooled and prepared for
132	216		further transporting;
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135		-	ENR. S. B. NO. 889 Page 4
136	217		18. “Retail food store” means any establishment which offers
137	218		for retail sale packaged or bulk food goods for human consumption;
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139	246		19. “Transfer station” means any establishment or premises
140	247		where milk or milk products are transferred directly from one mi lk
141	248		tank truck to another; and
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143	249		20. “Ungraded milk products” and “manufacture grade milk
144	250		products” include, but are not limited to, butter, cheese, dry milk,
145	251		condensed milk, filled or evaporated milk, frozen dairy dessert and
146	252		mello-drink products.
147		-
148	253		SECTION 3. AMENDATORY 2 O.S. 2021, Section 7 -415, is
149	254		amended to read as follows:
150		-
151	255		Section 7-415. A. A fee of one cent ($0.01) two cents ($0.02)
152	256		shall be assessed on each one hundred (100) pounds of raw mil k
153	257		produced in this state and outside of this state. Each co-op,
154	258		marketing agent, or processing plant where the raw milk is not
155	259		collected by a co-op or marketing agent, doing business in Oklahoma
156	260		shall pay the fees each calendar month to the Commissioner of
157	261		Agriculture to be credit ed to the Milk and Milk Products Inspection
158	262		Revolving Fund of the State Treasury.
159		-
160	263		B. There is hereby assessed a fee of one cent ($0.01) two cents
161	264		($0.02) on each one hundred (100) pounds of Grade A milk or milk
162	265		products processed or offered for retail sal e in Oklahoma. Each
163	266		milk plant doing business in Oklahoma shall pay the fees each
164	267		calendar month to the Commissioner to be credited to the Milk and
165	268		Milk Products Inspection Revolving Fund of the State Treasury.
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167	296		C. A There is hereby assessed a fee assessed of two cents
168	297		($0.02) on each one hundred (100) pounds of milk or milk products
169	298		produced or processed in another state and importe d into Oklahoma
170	299		shall be the same amount assessed on milk or milk products shipped
171	300		to that state from Oklahoma . The person shipping or causing the
172	301		shipment of milk or milk products shall be responsible for paying
173	302		the fees semi-annually on January 1 and Ju ly 1 of each year to the
174	303		Commissioner and be credited to the Milk and Milk Products
175	304		Inspection Revolving Fund of the State T reasury.
176		-
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178		-	ENR. S. B. NO. 889 Page 5
179	305		SECTION 4. AMENDATORY 2 O.S. 2021, Section 7 -421, is
180	306		amended to read as follows:
181		-
182	307		Section 7-421. The Oklahoma State Department of Agriculture,
183	308		Food, and Forestry is hereby designated as the official state agency
184	309		of this state for purposes of cooperating with and implementing the
185	310		dairy inspection and grading pr ogram under the jurisdiction of the
186	311		United States Department of Agriculture and the United States
187	312		Department of Health and Human Services Food and Drug
188	313		Administration.
189		-
190	314		SECTION 5. This act shall become effective Nov ember 1, 2023.
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192		-
193		-	ENR. S. B. NO. 889 Page 6
194		-	Passed the Senate the 7th day of March, 2023.
195		-
196		-
197		-
198		-	Presiding Officer of the Senate
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200		-
201		-	Passed the House of Representatives the 19th day of April, 2023.
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205		-	Presiding Officer of the House
206		-	of Representatives
207		-
208		-	OFFICE OF THE GOVERNOR
209		-	Received by the Office of the Governor this _______ _____________
210		-	day of ___________________, 20_______, at _______ o'clock _______ M.
211		-	By: _______________________________ __
212		-	Approved by the Governor of the State of Oklahoma this _____ ____
213		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
214		-
215		-	______________________ ___________
216		-	Governor of the State of Oklahoma
217		-
218		-
219		-	OFFICE OF THE SECRETARY OF STATE
220		-	Received by the Office of the Secretary of State this _______ ___
221		-	day of __________________, 20 _______, at _______ o'clock _______ M.
222		-	By: _______________________________ __
	316	+	COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE, dated 04/11/2023 - DO
	317	+	PASS.