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SENATE FLOOR VERSION
February 20, 2023
SENATE BILL NO. 1045 By: Dahm and Bullard
An Act relating to the sales of farmed products ;
creating the Right to Commerce Act; pro viding short
title; providing for the sale of eggs and milk
directly to consumers; clarifying producer liability;
amending 2 O.S. 2021, Section 10-78, which relates to
the sale of eggs; removing duplicate language;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 21 -1 of Title 2, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cite d as the “Right to
Commerce Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 21-2 of Title 2, unless there is
created a duplication in numbering, reads as follows:
Oklahoma producers o f cow milk or goat milk selling ungraded cow
milk or goat milk from their own herd production are exempt from
Sections 7-401 through 7-421 of Title 2 of the Oklahoma Statutes.
Nothing in Title 2 of the Oklahoma Statutes shall prohibit the sale
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of cow milk or goat milk produced on the farm or property and sold
directly to consumers in this state. Cow milk or goat milk sold
under this section shall b e produced by cows or goats maintained on
the farm or property from which the cow milk or goat milk is sold.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 21 -3 of Title 2, unless there is
created a duplication in numbering, r eads as follows:
Oklahoma producers of eggs selling ungraded eggs from their own
flock production are exempt from Sections 10 -71 through 10-81 of
Title 2 of the Oklahoma Statutes. Nothing in Title 2 of the
Oklahoma Statutes shall prohibit the sale of eggs produced on the
farm or property and sold directly to consumers in thi s state. Eggs
sold under this section shall be produced by hens maintained on the
farm or property from which the eggs are sold.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 21 -4 of Title 2, unless there is
created a duplication in numbering, reads as follows:
All producers selling items exempted under the provisions of
this act shall assume all liability.
SECTION 5. AMENDATORY 2 O.S. 2021, Section 10 -78, is
amended to read as follows:
Section 10-78. A. Oklahoma producers of eg gs selling ungraded
eggs from their own flock production are exempt from this
subarticle. Nothing in th is subarticle shall prohibit the sale of
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eggs produced on the farm and sold direct to the consumer. Eggs
sold under this section shall be produced by h ens maintained on the
farm from which the eggs are sold.
B. A producer may sell graded eggs if in compliance with t his
subarticle title.
SECTION 6. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS
February 20, 2023 - DO PASS