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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 922 By: Mann
AS INTRODUCED
An Act relating to game fowl breeding; creating the
Commercial Game Fowl Breeders Act; providing short
title; defining terms; authorizing t he State Board of
Agriculture to implement provisions of this act;
requiring license to be a commercial game fowl
breeder; authorizing the Oklahoma Department of
Agriculture, Food, and Forestry to conduct
inspections prior to licensure; allowing the
Department to contract with local veterinarians for
inspections; assessing a fee for inspection;
requiring annual inspections of facilities licensed
pursuant to this act; providing criteria for
inspection; requiring report of inspection to be
submitted within certain time frame to Department;
authorizing the Board to conduct investigation upon
receipt of written complaint during inspection;
prohibiting the Department from hiring certain groups
to conduct inspections; authorizing the Department to
issue license after certain information and fees are
collected; providing conditions for which multiple
licenses need to be obtained under certain
conditions; requiring a commercial game fowl license
to be displayed at each facility and on certain
documentation; requiring notice to Department on
certain changes to license information; authorizing
the Board to maintain a directory; preventing
licenses to be issued or renewed if an applicant
fails certain criteria; authorizing the Board to
maintain a directory of denied and revoked license
applicants; allowing for renewal of license;
specifying conditions by which a license may be
renewed; requiring a licensed commercial game fowl
breeder to maintain certain records; specifying
contents of records; requiring records to be
available upon request of the Department; allowing
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the Department to require additional information to
be kept; providing for violation; establishing
administrative penalties after certain violations;
specifying types of offenses in violation of this
act; authorizing the Board to seek further penalties
under certain circumstances; crea ting the Commercial
Game Fowl Breeders Assistance Revolving Fund; stating
purpose of fund; providing sources of fund; allowing
for funds to be used for certain purpose; amending 21
O.S. 2021, Section 1692.9, which relates to
cockfighting prohibition exemptions; adding
exemption; updating statutory reference; providing
for codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
SECTION 1. NEW LAW A new section of law to be codi fied
in the Oklahoma Statutes as Section 33 of Title 4, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Commercial Game
Fowl Breeders Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 33.1 of Title 4, unless there is
created a duplication in numbering, reads as follows:
As used in this act:
1. “Board” means the State Board of Agriculture;
2. “Cockfight” or “cockfighting” means the same as defined in
Section 1692.1 of Title 21 of the Oklahoma Statutes;
3. “Commercial game fowl breeder ” means any individual, entity,
association, trust, or co rporation who possesses game fowl for the
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use of breeding or dealing in game fowls for direct or indirect sale
or for exchange in return for consideration;
4. “Commercial game fowl breeder license ” means a license
issued to any person who qualifies and is licensed as a commercial
game fowl breeder;
5. “Department” means the Oklahoma Department of Agriculture,
Food, and Forestry;
6. “Facility” means the premises used by one or more commercial
game fowl breeders. The term includes, but is not limited to, all
buildings, properties, and confinement areas in a single location
used to conduct commercial game fowl breeding business;
7. “Game fowl” means a rooster historically bred and trained
for cockfighting; and
8. “Humane society” means a nonprofit organiz ation exempt from
federal income taxation as an organization described in Sect ion
501(c)(3) of the Internal Revenue Code of 1986, as amended, that has
as a principal purpose the prevention of animal cruelty or the
sheltering of, caring for, and providing o f homes for lost, stray,
and abandoned animals .
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 33.2 of Title 4, unless there is
created a duplication in numbering, reads as follows:
A. The State Board of Agriculture shall enforce and administer
the provisions of th is act.
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B. The Board shall adopt the rules necessary to enforce and
administer this act including , but not limited to, rules that:
1. Establish standards for care;
2. Establish reasonable and necessary fees;
3. Establish provisions related to initial and renewal
applications, revocation or nonrenewal of licenses, procedures for
sale of game fowl, and procedures for making complaints; and
4. Establish any other rules deemed ne cessary by the Board.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 33.3 of Title 4, unless there is
created a duplication in numbering, reads as follows:
A. A person shall not act, offe r to act, or hold himself or
herself out as a commercial game fowl breeder unless the person
holds a license obtained pursuant to this act for each facility that
the person owns or operates in this state.
B. It shall be unlawful for any person to act as a commercial
game fowl breeder licensee, or to hold himself or herself out as
such, unless the person shall have been licensed to do so under this
act.
C. An applicant for a commercial game fowl breeder license
shall meet the criteria established by the St ate Board of
Agriculture through rules promulgated pursuant to this act.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 33.4 of Title 4, unless there is
created a duplication in numbering, reads as follows:
A. The Oklahoma Department of Agriculture, Food, and Fores try
may contract with a local veterinarian licensed by the state, a
state agency, or any other qualified person to conduct or assist in
an initial licensing inspection and annual inspections.
B. The Department shall arrange for an inspection at a facility
prior to the issuance of an initial commercial game fowl breeder
license for that facility.
1. The Department shall not issue a commercial game fowl
breeder license to any pers on until the Department receives an
initial inspection report from the inspect or in a format approved by
the Department certifying that the facility meets the requirements
of this act.
2. Prior to the initial inspection, each applicant shall pay to
the Department a nonrefundable inspection fee.
C. The Department, at least annually, shall arrange for the
inspection of each facility of a licensed commercial game fowl
breeder. The inspection shall ensure the health and safety of the
game fowl including, but not limited to, assessing the health of and
signs of disease in the game fowl and whether the facility provides
a standard of care, check ing for injuries or mutilations associated
with cockfighting, and checking the records kept pursuant to Section
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9 of this act. The inspection shall be conducted during normal
business hours and the commercial game fowl breeder shall be present
during the inspection. The Department shall not be required to
provide notice prior to an inspection.
D. The inspector shall su bmit an inspection report to the
Department not later than ten (10) days after the date of the
inspection on a form prescribed by the Department and provide a copy
of the report to the commercial game fowl breeder.
E. On receipt of a valid written complai nt alleging a violation
of this act, an authorized agent of the State Board of Agriculture
or an inspector designated by the Department may investigate the
alleged violation.
F. The Department shall not hire any humane society group or
member of any humane society group to perform any inspection
required by this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 33.5 of Title 4, unless there is
created a duplication in numbering, reads as follows:
A. The Oklahoma Department of Agriculture, Food, and Forestry
shall issue a commercial game fowl breeder license to each applicant
who:
1. Meets the requirements of this act;
2. Applies to the Department on the form prescribed by the
Department; and
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3. Pays the required fee.
B. A commercial game fowl breeder shall obt ain a separate
license for each facility where a game fowl is kept. A separate
license shall be issued for each facility, regardless of the number
of game fowls at each facility.
C. If a single facility is shared by more than one person, each
person shall be required to become individually licensed .
D. A license issued under this act is valid until January 1 for
a commercial game fowl breeder license in each calendar year and i s
nontransferable.
E. A commercial game fowl breeder shall prominently displa y a
copy of the commercial game fowl breeder license at the facility of
the commercial game fowl breeder. A commercial game fowl breeder
shall include the commercial game fowl b reeder license number in
each advertisement for the sale or transfer of a game fowl by the
commercial game fowl breeder. A commercial game fowl breeder shall
include in each contract for the sale or transfer of an animal by
the commercial game fowl breeder the commercial game fowl breeder
license number.
F. A commercial game fowl breeder licensed pursuant to this
section shall notify the Oklahoma Department of Agriculture, Food,
and Forestry in writing not later than ten (10) days after the date
any change occurs in the address, name, management, substantial
control, or ownership of the business or operation.
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G. The State Board of Agriculture shall maintain and post on
its website the directory of commercial game fowl breeders licensed
pursuant to this act.
SECTION 7. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 33.6 of Title 4, unless there is
created a duplication in numbering, reads as follows:
A. The Oklahoma Department of Agriculture, Food, a nd Forestry
may deny a license, or renewal thereof, or revoke a license of any
applicant or commercial game fowl breeder who fails to meet the
standards of care or fails to follow the application process adopted
by the Department, or if the person:
1. Is convicted of a crime involving animal cruelty;
2. Is convicted of violating t he provisions of this act more
than three times;
3. Is convicted of a felony specified in Section 1692.8 of
Title 21 of the Oklahoma Statutes;
4. Is convicted of a felony punis hable under the Oklahoma
Racketeer-Influenced and Corrupt Organizations Act; or
5. Has held or applied for a United States Department of
Agriculture license pursuant to the Animal Welfare Act and whose
license was suspended or revoked, or whose applicatio n was refused
due to the improper care of animals.
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B. The State Board of Agri culture shall post on its website the
directory of commercial game fowl breeders who have been denied
licensing, or whose licenses have been revoked.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 33.7 of Title 4, unless there is
created a duplication in numbering, reads as follows:
A. A commercial game fowl breeder who is not in violation of
this act or any rule adopted under this act may renew the license of
the person by:
1. Submitting a renewal application to the Oklahoma Department
of Agriculture, Food, and Forestry on the form prescribed by the
Department;
2. Complying with any other renewal requirements a dopted by the
Department; and
3. Paying the required fee.
B. Any person who fails to apply for a renewal in a manner
prescribed by the Department, and whose license has expired, may not
engage in activities that require a license until the license has
been renewed.
C. Not later than sixty (60) days before the expiration of the
license, the Department shall send written notice of the impending
license expiration to the commercial game fowl breeder at the last -
known address according to the records of the Department.
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SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 33.8 of Title 4, unless there is
created a duplication in numbering, reads as follows:
A. A commercial game fowl breeder shall m aintain a separate
health record for each game fowl in the facility of the com mercial
game fowl breeder documenting the health care of the game fowl.
B. The health record shall include , but not be limited to :
1. The breed, color, and identifying marks of the game fowl;
and
2. A record of all inoculations, medications, and other
veterinary medical treatment received by the game fowl while in the
possession of the commercial game fowl breeder.
C. A commercial game fowl breeder shall maintain a separate
breeding record for each game fowl in the facility of the game fowl
breeder documenting the transaction and breeding of each game fowl.
D. This breeding record shall include, but not be limited to:
1. A record of fees associated with the breeding of the ga me
fowl;
2. Registration documentation of bloodline and ancestry; and
3. The name and contact information of the owner of a breeding
hen or recipient of game fowls bred as allowed in this act.
E. The commercial game fowl breeder shall make the health and
breeding records available on request to the Oklahoma Department of
Agriculture, Food, and Forestry, an authorized agent of the State
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Board of Agriculture, or any other inspector designated by the
Department.
F. The Department may require additional inf ormation to be kept
by a licensed commercial game fowl breeder pursuant to this section.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 33.9 of Title 4, unless there is
created a duplication in numbering, reads as follows:
A. After notice and opportunity for a hear ing in accordance
with the Administrative Procedures Act, if the State Board of
Agriculture finds any person in violation of this act or any rule
promulgated or order issued purs uant thereto, the Board shall have
the authority to assess an administrative penalty of not less than
One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars
($10,000.00) for each violation. Each game fowl, each action, or
each day a violation continues may constitute a separate and
distinct violation. During each lic ense year of the facility, a
facility shall not be subject to more than Ten Thousand Dollars
($10,000.00) in administrative penalties assessed pursuant to this
subsection.
B. A person commits an offense if the person violates th is act
or any rule adopted under this act. Each animal to which a
violation applies and each day that violation continues constitutes
a separate offense. An offense under this subsection is a
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misdemeanor punishable as provided in paragraph 1 of subsection G of
this section.
C. A person commits an offense if the person knowingly
falsifies information in a license application, annual report, or
record required under this act. An offense under this subsect ion is
a misdemeanor punishable as provided in paragraph 1 of subsection G
of this section.
D. An unlicensed commercial game fowl breed er commits an
offense if the person sells, gives, or furnishes in any manner a
game fowl to another person without obtaining proper licensure
pursuant to this act. An offense under this subsection is a
misdemeanor punishable as provided in paragraph 2 of subsection G of
this section.
E. An unlicensed commercial game fowl breeder commits an
offense if the person advertises game fowl for sale. As used in
this subsection, “advertise” means the act of providing
consideration for the publication, dissemination, solicitation, or
circulation of visual, oral, or written communication to induce
directly or indirectly any person to purchase a game fowl. An
offense under this subsection is a misdemeanor puni shable as
provided in subsection G of this section.
F. A commercial game fowl breeder commits an offense if the
commercial game fowl breeder interferes with, hinders, or thwarts
any inspection or investigation under this act or refuses to allow
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an inspector full access to all areas of the facility where animals
are kept or cared for and all records required to be kept under this
act or under any rule adopted under this act. An offense under this
subsection is a misdemeanor punishable as provided in paragraph 2 of
subsection G of this section.
G. 1. Any violation of subsection B, C , or D of this section
shall be punishable by a fine not to exceed Five Hundred Dollars
($500.00).
2. Any violation of subsection E or F of this section shall be
punishable by a fine not to exceed One Thousand Dollars ($1,000.00).
H. In addition to penalties and fines, the Board shall have
authority to obtain injunctions against anyone who violates this
act, and shall have authority to obtain or impose civil monetary
penalties on anyone who violates this act, and upon obtaining a
court order, shall have authority to seize and impound game fowls in
the possession, custody, or care of that person if ther e is reason
to believe that the health, safety, or welfare of the game fowl is
endangered, or the game fowl are in imminent danger. The reasonable
costs of transportation, care, and feeding of seized and impounded
game fowls shall be paid by the person fr om whom the game fowls were
seized and impounded.
I. Nothing in this act shall preclude the Board from seeking
penalties in district court in the maximum amount allowed by law.
The assessment of penalties in an administrative enforcement
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proceeding shall not prevent the subsequent assessment by a court of
the maximum civil or criminal penalties for violations of this act
and rules promulgated pursuant thereto.
J. Any person assessed an administrative or civil penalty may
be required to pay, in addition t o the penalty amount and interest
thereon, attorney fees and costs associated with the collection of
the penalties.
K. If any person refuses, denies , or interferes with any right
of access, the Board shall have the right to apply to and obtain
from a district court an administrative or other warrant as
necessary to enforce the right of access and inspection.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 33.10 of Title 4, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby creat ed in the State Treasury a revolving
fund for the Oklahoma Department of Agriculture, Food, and Forestry
to be designated the “Commercial Game Fowl Breeders Assistance
Revolving Fund”. All monies accruing to the credit of the
Commercial Game Fowl Breeders Revolving Fund are hereby appropriated
and may be budgeted and expended by the Department for the purposes
set forth in subsection C of this section. The fund shall be a
continuing fund, not subject to fiscal year limitations , and shall
consist of:
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1. All monies received by the Department for sheltering of
seized game fowls pursuant this act; and
2. Monies received by the Department in the form of gifts,
grants, reimbursements , or from any other source intended to be used
for the purposes specified by or collected pursuant to the
provisions of this act.
B. The monies deposited in the Commercial Game Fowl Breeders
Assistance Revolving Fund shall be excluded from budget and
expenditure limitations and shall at no time become part of the
general budget of the Department or any other state agency. Except
as provided for in this section, no monies from the Commercial Game
Fowl Breeders Assistance Revolving Fund shall be transferred for any
purpose to any other state agency or any account of the Department
or be used for the purpose of contracting with any other state
agency or reimbursing any other state agency for any expense.
C. The Commercial Game Fowl Breeders Assistance Revolv ing Fund
shall be utilized for defraying veterinary costs for game fowls in
the event of a removal of game fowls from a commercial game fowl
breeder or facility. The fund may, in the discretion of the State
Board of Agriculture, also be used to defray cos ts associated with
care of game fowls including, but not limited to, feed and shelter.
SECTION 12. AMENDATORY 21 O.S. 2021, Section 1692.9, is
amended to read as follows:
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Section 1692.9. Nothing in this act Section 1692.1 et seq. of
this title shall prohibit any of the following:
A. 1. Hunting birds or fow l in accordance with Oklahoma
regulation or statute, including but not limited to the sport of
hunting game with trained raptors .;
B. 2. Agricultural production of fowl for huma n consumption; or
3. Commercial breeding of game fowl pursuant to this act .
SECTION 13. This act shall become effective November 1, 2025.
60-1-1139 MR 1/16/2025 11:21:49 AM