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ENGROSSED SENATE
BILL NO. 1045 By: Dahm, Bullard, Hamilton,
Jett, and Stephens of the
Senate
and
West (Rick) of the House
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 fol lows:
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 numb ering, 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.
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Nothing in Title 2 of the Oklahoma Statutes shall prohibit the sale
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 f rom 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
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subarticle. Nothing in th is subarticle shall prohibit the sale of
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.
Passed the Senate the 20th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives