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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1162 By: Gann
AS INTRODUCED
An Act relating to agriculture; enacting the Real
Access to Whole Milk Act of 2025; amending sections
2 O.S. 2021, Section 7 -413, 7-414, and 7-417, which
relates to the Oklahoma Milk and Milk Product s Act;
providing that it is a violation to sell milk or mil k
products without an appropriate or valid permit;
providing maximum number of gallons of raw milk sold
to be considered incidental; inc reasing the number of
gallons of goat milk sold to be considered
incidental; requiring permit to sale; providing for
noncodification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Real Access to
Whole Milk Act of 2025 ".
SECTION 2. AMENDATORY 2 O.S. 2021, S ection 7-413, is
amended to read as follows:
Section 7-413. It shall be unlawful for any person to
knowingly, willfully or recklessly:
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1. Attempt to produce, haul, process , sell or distribute milk
or milk products without an appropriate and valid permit;
2. Sell, offer or expose for sale as Grade A any adulterated or
misbranded milk or milk product;
3. Sell, offer, expose for sale or serve milk and milk products
which have not been maintained at or below the temperature specified
by the State Board of A griculture;
4. Dip or ladle Grade A milk and milk products;
5. Transfer Grade A milk and milk products at any location
other than a permitted Grade A facility designed and equipped for
such purpose;
6. Prevent, interfere or attempt to impede the Commiss ioner
from investigating and enforcing the Oklahoma Milk and Milk Products
Act;
7. Sell or serve Grade A milk and milk products from other than
the individual container, or approved bulk dispenser, received from
the distributor; or
8. Violate any provisi on of the Oklahoma Milk and Milk Products
Act.
SECTION 3. AMENDATORY 2 O.S. 2021, Section 7 -414, is
amended to read as follows:
Section 7-414. A. The provisions of the Oklahoma Milk and Milk
Products Act shall not be construed t o:
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1. Include incidental sales of raw milk directly to consumers
at the farm where the milk is produced , where the average monthly
number of gallons sold does not exceed five hundred (500);
2. Preclude the advertising of the incidental sale of goat
milk; and
3. Prohibit any farmer or producer from making cheese using
milk or cream produced on the farm o f such farmer or producer.
B. For purposes of this section, incidental sales of goat milk
are those sales where the average monthly number of gallons sold
does not exceed one hundred (100) three hundred (300).
SECTION 4. AMENDATORY 2 O.S. 2021, Section 7 -417, is
amended to read as follows:
Section 7-417. No person shall produce, haul, process , or
distribute, or sell ungraded raw milk or milk products or hold
themselves out as an ungraded milk producer, hauler, processor or
distributor unless such person possesses an appropriate and valid
permit for the particular premises or facilities concerned. The
processing of permit applications and inspections shall be similar
to the Grade A permit process.
SECTION 5. This act shall become effective November 1, 2025.
60-1-10534 JL 12/16/24