Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB73 Compare Versions

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Version 2 (New)

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3		-	SB73 HFLR Page 1
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	3	+	ENGR. S. B. NO. 73 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 59th Legislature (2023)
34	27
35	28		ENGROSSED SENATE
36	29		BILL NO. 73 By: Rader of the Senate
37	30
38	31		and
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40	33		Staires of the House
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45	38		An Act relating to public health and safety; amending
46	39		63 O.S. 2021, Section 1-1118, which relates to food
47	40		establishment license; modifying certain exemption;
48	41		amending 63 O.S. 2021, Section 1-1201, which relates
49	42		to hotel licenses; modifying definition; modifying
50	43		rulemaking authority of the State Commissioner of
51	44		Health; updating statutory lang uage; making language
52	45		gender neutral; and declaring an emergency .
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57	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	51		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1118, is
59	52		amended to read as fo llows:
60	53		Section 1-1118. A. It shall be unlawful for any person to
61	54		operate or maintain any es tablishment, stationary or otherwise,
62	55		where food or drink is offered for sale, or sold, to the public,
63	56		unless the person is the holder of a food establishment lice nse
64	57		issued for such purpose by the State Commissioner of Health or
65	58		designee. A food establishment license shall not be required for:
	59	+	1. A produce stand that offers only whole, unc ut and
	60	+	unprocessed fresh fruits, melons, vegetables and legumes and/or
	61	+	whole uncracked and unprocessed n uts;
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67		-	SB73 HFLR Page 2
68		-	BOLD FACE denotes Committee Amendments. 1
	63	+	ENGR. S. B. NO. 73 Page 2 1
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93		-	1. A produce stand that offers only whole, unc ut and
94		-	unprocessed fresh fruits, melons, vegetables and legumes and/or
95		-	whole uncracked and unprocessed n uts;
96	88		2. A manufacturer, wholesaler or broker of food licensed
97	89		pursuant to Section 1-1119 of this title;
98	90		3. A kitchen in a private home if only food th at does not
99	91		require time and temperature control for safety is prepared for sale
100	92		or service at a funct ion such as a nonprofit civic, charitable or
101	93		religious organizatio n’s bake sale;
102	94		4. An area where food that is prepared as specified in
103	95		paragraph 3 of this subsection is sold or offered for human
104	96		consumption;
105	97		5. A private home that receives catered or home-delivered food;
106	98		6. A hotel licensed pursuant to Section 1 -1201 of this title
107	99		which provides limited food service in compliance with rules
108	100		promulgated by the State Commissioner of Health;
109	101		7. A kitchen in a private home or in a bed and breakfast tha t
110	102		prepares and offers food to guests, if the home is owner -occupied,
111	103		the number of available guest bedrooms does not exceed three four,
112	104		and breakfast is the only m eal offered;
113	105		8. A nonprofit civic, charitable or religious organizati on
114	106		using unpaid individuals to prepare or serve food on its behalf, for
115	107		occasional fund-raising events sponsored and conducted by the
116	108		organization. For the purposes of this paragraph, a n “occasional
	109	+	fund-raising event” shall be defined as an event that oc curs four
	110	+	times a year or less;
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118		-	SB73 HFLR Page 3
119		-	BOLD FACE denotes Committee Amendments. 1
	112	+	ENGR. S. B. NO. 73 Page 3 1
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144		-	fund-raising event” shall be defined as an event that oc curs four
145		-	times a year or less;
146	137		9. Day care centers or family day care centers, and all othe r
147	138		child care facilities as defined and licensed pursuant to the
148	139		provisions of the Oklahoma Ch ild Care Facilities Licensing Act;
149	140		10. Nursing facilities and special ized facilities, as defin ed
150	141		in and licensed pursuant to the provisions of the Nursing Home Ca re
151	142		Act, residential care homes as defined by the Residential Care Act,
152	143		adult day care centers as defined by the Adult Day Care Act, and
153	144		assisted living centers and continuum of care facili ties licensed
154	145		pursuant to the Continuum of Care and Assisted Living Act; and
155	146		11. Other establishments exempted from food establishment
156	147		licensure pursuant to sta te law.
157	148		B. Each license shall expire one (1) year following the date of
158	149		its issuance. The State Department of Health shall charge and
159	150		collect for each such licen se an annual fee to be fixed by the Stat e
160	151		Commissioner of Health.
161	152		1. The Commissioner may provide by rule for a fee -exempt
162	153		license for a food establishment operat ed by a nonprofit, civic,
163	154		charitable or religious organization that uses unpaid persons to
164	155		sell or offer food on a more frequent basis than the occasional
165	156		fund-raising event. A fee-exempt license shall not expire but shall
166	157		remain in full force and effect until affirmatively revoked,
	158	+	suspended, annulled or withdrawn by the Department in accordance
	159	+	with applicable law.
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168		-	SB73 HFLR Page 4
169		-	BOLD FACE denotes Committee Amendments. 1
	161	+	ENGR. S. B. NO. 73 Page 4 1
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194		-	suspended, annulled or withdrawn by the Department in accordance
195		-	with applicable law.
196	186		2. The Commissioner may by rule also provide that licenses for
197	187		establishments serving events of limited duration or operating on a
198	188		seasonal basis shall extend only for the term of the event or
199	189		season, and may by rule adjust the fees for such licenses
200	190		accordingly.
201	191		3. The Commissioner shall provide by rule a three -day license
202	192		for vendors who only sell at farmers markets as defined in 310:257 -
203	193		1-2 of the Oklahoma Administrative Code or at county fairs .
204	194		Licenses for vendors who only sell at farmers markets or county
205	195		fairs shall not exceed Fifty Dollars ($50.00) . Vendors who do not
206	196		sell food and vendors who meet the exceptions provided in subsecti on
207	197		A of this section shall not be required to obtain a three -day
208	198		license or a food establishm ent license.
209	199		4. The Commissioner shall provide by rule a multiseasonal
210	200		license for snow cone stands that sell hot beverages in addition to
211	201		snow cones. A snow cone stand that does not sell hot beverages
212	202		shall be considered a seasonal food establishment.
213	203		C. The State Commissioner of Health shall promulgate reasonable
214	204		standards and rules for sanit ation of establishments required to be
215	205		licensed, which shall include t he following: buildings, vehicles,
216	206		and appurtenances thereto, including plumbing, ventilatio n and
217	207		lighting; construction, cleanliness and bactericidal treatment of
	208	+	equipment and utensils ; cleanliness, wholesomeness, storage and
	209	+	refrigeration of food and d rink sold or served; cleanliness and
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219		-	SB73 HFLR Page 5
220		-	BOLD FACE denotes Committee Amendments. 1
	211	+	ENGR. S. B. NO. 73 Page 5 1
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245		-	equipment and utensils ; cleanliness, wholesomeness, storage and
246		-	refrigeration of food and d rink sold or served; cleanliness and
247	236		hygiene of personnel; toilet facilities; disposal of was te; water
248	237		supply; and other items deemed necessary to safeguard the health,
249	238		comfort, and safety of customers.
250	239		SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-1201, is
251	240		amended to read as follows:
252	241		Section 1-1201. (a) A. It shall be unlawful for any person to
253	242		operate or maintain a hotel unless he or she shall have first
254	243		obtained, and holds, a licens e issued for such purpose by the State
255	244		Commissioner of Health. Unless otherwise provided by rule by the
256	245		State Board of Health Commissioner, each such license shall expire
257	246		on the 30th day of June nex t following its issuance, and the
258	247		Commissioner shall char ge and collect therefor an annual fee to be
259	248		fixed by the Board of Health Commissioner. The term “hotel” as used
260	249		in this section shall mean and include any hotel, motel, tourist
261	250		court, apartment house , rooming house, or other place where sleeping
262	251		accommodations are furnished, or offered, for pay for transient
263	252		guests, if four five or more rooms are available therein for
264	253		transient guests. This section shall apply to the operation of a
265	254		hotel by a state board.
266	255		(b) B. The State Board of Health Commissioner may adopt
267	256		reasonable standards, rules and regulations for hotels as to the
268	257		following: buildings and appurtenances thereto, including plumbing,
	258	+	ventilation and lighting; construction, cleanliness and bactericidal
	259	+	treatment of equipment and utensils; cleanline ss and hygiene of
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270		-	SB73 HFLR Page 6
271		-	BOLD FACE denotes Committee Amendments. 1
	261	+	ENGR. S. B. NO. 73 Page 6 1
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296		-	ventilation and lighting; construction, cleanliness and bactericidal
297		-	treatment of equipment and utensils; cleanline ss and hygiene of
298	286		personnel; toilet facilities; disposal of wastes; water supply; and
299	287		any other items deemed necessary to safeguard the health, comfort
300	288		and safety of guests accommodated therein.
301	289		SECTION 3. It being immediately necessa ry for the preservation
302	290		of the public peace, health or safety, an emergency is hereby
303	291		declared to exist, by reason whereof this resolution shall take
304	292		effect and be in full force from and after its passage and approval.
	293	+	Passed the Senate the 21st day of March, 2023.
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306		-	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/13/2023 -
307		-	DO PASS.
	295	+
	296	+
	297	+	Presiding Officer of the Senate
	298	+
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	300	+	Passed the House of Representatives the ____ day of __________,
	301	+	2023.
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	303	+
	304	+
	305	+	Presiding Officer of the House
	306	+	of Representatives
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