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ENGROSSED SENATE
BILL NO. 73 By: Rader of the Senate
and
Staires of the House
An Act relating to public health and safety; amending
63 O.S. 2021, Section 1-1118, which relates to food
establishment license; modifying certain exemption;
amending 63 O.S. 2021, Section 1-1201, which relates
to hotel licenses; modifying definition; modifying
rulemaking authority of the State Commissioner of
Health; updating statutory lang uage; making language
gender neutral; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1118, is
amended to read as fo llows:
Section 1-1118. A. It shall be unlawful for any person to
operate or maintain any es tablishment, stationary or otherwise,
where food or drink is offered for sale, or sold, to the public,
unless the person is the holder of a food establishment lice nse
issued for such purpose by the State Commissioner of Health or
designee. A food establishment license shall not be required for:
1. A produce stand that offers only whole, unc ut and
unprocessed fresh fruits, melons, vegetables and legumes and/or
whole uncracked and unprocessed n uts;
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2. A manufacturer, wholesaler or broker of food licensed
pursuant to Section 1-1119 of this title;
3. A kitchen in a private home if only food th at does not
require time and temperature control for safety is prepared for sale
or service at a funct ion such as a nonprofit civic, charitable or
religious organizatio n’s bake sale;
4. An area where food that is prepared as specified in
paragraph 3 of this subsection is sold or offered for human
consumption;
5. A private home that receives catered or home-delivered food;
6. A hotel licensed pursuant to Section 1 -1201 of this title
which provides limited food service in compliance with rules
promulgated by the State Commissioner of Health;
7. A kitchen in a private home or in a bed and breakfast tha t
prepares and offers food to guests, if the home is owner -occupied,
the number of available guest bedrooms does not exceed three four,
and breakfast is the only m eal offered;
8. A nonprofit civic, charitable or religious organizati on
using unpaid individuals to prepare or serve food on its behalf, for
occasional fund-raising events sponsored and conducted by the
organization. For the purposes of this paragraph, a n “occasional
fund-raising event” shall be defined as an event that oc curs four
times a year or less;
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9. Day care centers or family day care centers, and all othe r
child care facilities as defined and licensed pursuant to the
provisions of the Oklahoma Ch ild Care Facilities Licensing Act;
10. Nursing facilities and special ized facilities, as defin ed
in and licensed pursuant to the provisions of the Nursing Home Ca re
Act, residential care homes as defined by the Residential Care Act,
adult day care centers as defined by the Adult Day Care Act, and
assisted living centers and continuum of care facili ties licensed
pursuant to the Continuum of Care and Assisted Living Act; and
11. Other establishments exempted from food establishment
licensure pursuant to sta te law.
B. Each license shall expire one (1) year following the date of
its issuance. The State Department of Health shall charge and
collect for each such licen se an annual fee to be fixed by the Stat e
Commissioner of Health.
1. The Commissioner may provide by rule for a fee -exempt
license for a food establishment operat ed by a nonprofit, civic,
charitable or religious organization that uses unpaid persons to
sell or offer food on a more frequent basis than the occasional
fund-raising event. A fee-exempt license shall not expire but shall
remain in full force and effect until affirmatively revoked,
suspended, annulled or withdrawn by the Department in accordance
with applicable law.
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2. The Commissioner may by rule also provide that licenses for
establishments serving events of limited duration or operating on a
seasonal basis shall extend only for the term of the event or
season, and may by rule adjust the fees for such licenses
accordingly.
3. The Commissioner shall provide by rule a three -day license
for vendors who only sell at farmers markets as defined in 310:257 -
1-2 of the Oklahoma Administrative Code or at county fairs .
Licenses for vendors who only sell at farmers markets or county
fairs shall not exceed Fifty Dollars ($50.00) . Vendors who do not
sell food and vendors who meet the exceptions provided in subsecti on
A of this section shall not be required to obtain a three -day
license or a food establishm ent license.
4. The Commissioner shall provide by rule a multiseasonal
license for snow cone stands that sell hot beverages in addition to
snow cones. A snow cone stand that does not sell hot beverages
shall be considered a seasonal food establishment.
C. The State Commissioner of Health shall promulgate reasonable
standards and rules for sanit ation of establishments required to be
licensed, which shall include t he following: buildings, vehicles,
and appurtenances thereto, including plumbing, ventilatio n and
lighting; construction, cleanliness and bactericidal treatment of
equipment and utensils ; cleanliness, wholesomeness, storage and
refrigeration of food and d rink sold or served; cleanliness and
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hygiene of personnel; toilet facilities; disposal of was te; water
supply; and other items deemed necessary to safeguard the health,
comfort, and safety of customers.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-1201, is
amended to read as follows:
Section 1-1201. (a) A. It shall be unlawful for any person to
operate or maintain a hotel unless he or she shall have first
obtained, and holds, a licens e issued for such purpose by the State
Commissioner of Health. Unless otherwise provided by rule by the
State Board of Health Commissioner, each such license shall expire
on the 30th day of June nex t following its issuance, and the
Commissioner shall char ge and collect therefor an annual fee to be
fixed by the Board of Health Commissioner. The term “hotel” as used
in this section shall mean and include any hotel, motel, tourist
court, apartment house , rooming house, or other place where sleeping
accommodations are furnished, or offered, for pay for transient
guests, if four five or more rooms are available therein for
transient guests. This section shall apply to the operation of a
hotel by a state board.
(b) B. The State Board of Health Commissioner may adopt
reasonable standards, rules and regulations for hotels as to the
following: buildings and appurtenances thereto, including plumbing,
ventilation and lighting; construction, cleanliness and bactericidal
treatment of equipment and utensils; cleanline ss and hygiene of
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personnel; toilet facilities; disposal of wastes; water supply; and
any other items deemed necessary to safeguard the health, comfort
and safety of guests accommodated therein.
SECTION 3. It being immediately necessa ry for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this resolution shall take
effect and be in full force from and after its passage and approval.
Passed the Senate the 21st 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