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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 1080 By: Murdock
AS INTRODUCED
An Act relating to agriculture; amending 2 O.S. 2021,
Sections 7-403, 7-414, and 7-417, which relate to the
Oklahoma Milk and Milk Prod ucts Act; defining term;
excluding donkey milk from certain provisions of act
under certain circumstances; updating statutory
language; making language gender neutral; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 7-403, is
amended to read as follows:
Section 7-403. As used in the Oklahoma Milk and Milk Products
Act:
1. “Bulk milk hauler/sampler ” means any person collecting
official samples who may transport raw milk from a farm or raw milk
products to or from a milk plant, receiving station, or transfer
station and has in his or her possession a permit from any state to
sample these products;
2. “Dairy farm” means any premises owned or operated by a “milk
producer” milk producer where one or more cows or goats ar e kept,
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and from which a part or all of the milk or milk products is are
sold or offered for sale;
3. “Donkey milk” means the lacteal secretion, practically free
from colostrum, obtained by the complete milking of one or more
healthy donkeys;
4. “Goat milk” means the lacteal secretion, practically free
from colostrum, obtained by the complete milking of one or more
healthy goats;
4. 5. “Grade A milk and milk products ” means milk and milk
products at any stage from production through pasteurization and
packaging, that are of the minimum quality and are produced, hauled,
processed, and distributed under conditions which meet the
requirements of the Oklahoma Milk and Milk Products Act;
5. 6. “Inhibitor” means any chemical or antibiotic substance
which inhibits or retards the growth of bacteria in milk;
6. 7. “Milk” means the lacteal secretion, practically free from
colostrum, obtained by the complete milking of one or more health y
cows, which contains not less than eight and one -fourth percent (8
1/4%) milk solids-not-fat and not less than three and one -fourth
percent (3 1/4%) milk fat. The term “milk” milk shall include
donkey milk, goat milk, fluid market milk, and milk product s for the
purpose of distribution to the consumer, and may contain optional
ingredients defined by the State Board of Agriculture and shall
include ungraded and Grade A milk;
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7. 8. “Milk contact surface ” means any pipe, tank, equipment,
or facility which contacts or may contact milk during the producing,
transporting, processing, or distributing of milk and milk products;
8. 9. “Milk distribution center ” means any premises, owned or
operated by a “milk distributor” milk distributor, which distributes
and sells or offers to sell milk and milk products but does not
include an establishment which sells or offers to sell Grade A milk
and milk products at retail;
9. 10. “Milk facility” means the producing, processing,
transporting, or distributing premises and facilities which operate
under an appropriate and valid permit issued by the C ommissioner of
Agriculture, in compliance with the Oklahoma Milk and Milk Products
Act and the rules of the Board;
10. 11. “Milk fat” or “butter fat” means the fat of milk;
11. 12. “Milk plant” means any premises owned or operated by a
“milk processor” milk processor where milk or milk products are
collected, manufactured, processed, pasteurized, bottled, stored, or
prepared for distribution for commercial purposes including, b ut not
limited to, a receiving or transfer station;
12. 13. “Milk products” means those products produced or
obtained from milk or any component or product of milk and defined
by the Board, including Grade A milk products, ungraded raw milk ,
and ungraded milk products;
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13. 14. “Milk tank truck cleaning facility ” means any premises
or establishment, separate from a milk plant, receiving station, or
transfer station, where a milk tank truck is cleaned and sanitized;
14. 15. “Milk tank truck driver ” means any person transporting
raw or pasteurized milk products between a milk plant, r eceiving
station, or transfer station;
15. 16. “Milk transportation company ” means any person
responsible for a milk tank truck;
16. 17. “Pasteurized milk” means Grade A raw milk which has
been pasteurized and stored in accordance with the chemical,
bacteriological, and temperature standards required by the Board;
17. 18. “Receiving station” means any premises where raw milk
is received, collected, handled, stored, or cooled a nd prepared for
further transporting;
18. 19. “Retail food store” means any establishment which
offers for retail sale packaged or bulk food goods for human
consumption;
19. 20. “Transfer station” means any establishment or premises
where milk or milk pr oducts are transferred directly from one milk
tank truck to another; and
20. 21. “Ungraded milk products ” and “manufacture grade milk
products” include, but are not limited to, butter, cheese, dry milk,
condensed milk, filled or evaporated milk, frozen da iry dessert, and
mello-drink products.
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SECTION 2. 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 to:
1. Include incidental sales of raw milk directly to consumers
at the farm where the milk is produced;
2. Preclude the advertising of the incidental sale of goat milk
or donkey milk; and
3. Prohibit any farmer or producer from making cheese using
milk or cream produced on the farm of such farmer or producer.
B. For purposes of this sec tion, incidental sales of goat milk
or donkey milk are those sales where the average monthly number of
gallons sold does not exceed one hundred (100).
SECTION 3. AMENDATORY 2 O.S. 2021, Section 7 -417, is
amended to read as follows:
Section 7-417. A. No person shall produce, haul, process , or
distribute ungraded raw milk or milk products or hold himself or
herself out as an ungraded milk producer, haule r, processor, or
distributor unless such person possesses an appropriate and va lid
permit for the particular premises or facilities concerned. The
processing of permit applications and inspections shall be similar
to the Grade A permit process.
B. A person may produce donkey milk for the use of incidental
sales pursuant to Section 7 -414 of this title without obtaining a
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permit; provided, that any producer of donkey milk shall adhere to
the inspection and investigation provisions of the Oklahoma Milk and
Milk Products Act.
SECTION 4. This act shall become effective N ovember 1, 2025.
60-1-952 MR 1/16/2025 3:12:47 PM