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SENATE FLOOR VERSION
March 3, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 4 By: Thompson and Seifried of
the Senate
and
West (Tammy) of the House
[ food products - substances - promulgation of rules
- disclosure - violations - fines - codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5 -400 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. Notwithstanding any other provision of law, no person, firm,
association, corporation, or any other entity of this state shall
manufacture, compound, brew, distill, produce, process, sell,
deliver, distribute, hold, offer, or expose for sale any o f the
following substances as food additives or food color additives or
any other food product beginning on January 15, 2027, or those
additives or color additives used to reformulate ingestible drugs
beginning on January 18, 2028, that contain any of the following
substances:
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1. Aspartame;
2. Azodicarbonamide (ADA) ;
3. Blue dye 1;
4. Blue dye 2;
5. Brominated vegetable oil (BVO);
6. Butylated hydroxyanisole (BHA) ;
7. Butylated hydroxytoluene (BHT );
8. Ethylene dichloride ;
9. Green dye 3;
10. Methylene chloride;
11. Potassium bromate;
12. Propyl gallate;
13. Propylparaben;
14. Red dye 3;
15. Red dye 40;
16. Sodium benzoate;
17. Sodium nitrate;
18. Titanium dioxide;
19. Trichloroethylene;
20. Yellow dye 5; or
21. Yellow dye 6.
B. 1. Upon the effective date of this act, no person, firm,
association, corporation, or any other entity shall manufacture,
compound, brew, distill, produce, process, sell, deliver,
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distribute, hold, offer, or expose for sale as food additives or
food color additives or any other food product or additives or color
additives used to reformulate ingestible drugs that contain any of
the ingredients provided in subsection A of this section without
disclosing those ingredients on the product label, website, or a
quick response (QR) code on the product label linked to a website .
2. No person, firm, association, corporation, or any other
entity shall be considered in compliance with this subsection unless
the product bears a label that states cons picuously a warning to th e
consumer that the product contains one or more of the ingredients
provided in subsection A of this section.
C. The State Board of Agriculture is authorized to issue a
written or printed “stop-sale” or “notice of violation” order to the
person, firm, association, corporation, or any other entity of a
product in violation of this section.
D. 1. The Oklahoma Department of Agriculture, Food, and
Forestry may take one or more of the following actions:
a. assess an administrative pen alty pursuant to Section
2-18 of Title 2 of the Oklahoma Statutes for each day
of violation. Each day a violation continues shall be
a separate and distinct offense,
b. assess an administrative penalty of Five Thousand
Dollars ($5,000.00) for subsequent v iolations, or
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c. bring an action for injunctive relief granted by a
district court.
2. A district court may grant injunctive relief to prevent a
violation of, or to compel compliance with, any of the provisions of
this section or any rule promulgated ther eunder.
3. Nothing in this section shall preclude the Department from
seeking penalties in district court in the maximum amount allowed by
law. The assessment of penalties in an administrative enforcement
proceeding shall not prevent the subsequent asses sment by a court of
the maximum criminal penalties for violations of this section.
4. Any person assessed an administrative penalty may be
required to pay, in addition to such penalty amount and interest
thereon, attorney fees and costs associated with th e collection of
such penalties.
5. Any administrative penalty required to be paid pursuant to
the provisions of this subsection shall be deposited into the State
Department of Agriculture Revolving Fund. The expenditure of these
fines shall be limited to conducting the provisions of the Oklahoma
Farm to School Program Act.
E. The State Board of Agriculture shall promulgate rules
necessary to implement the provisions of this section .
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND WILDLIFE
March 3, 2025 - DO PASS AS AMENDED BY CS