SB 2028

                      An Act
ENROLLED SENATE
BILL NO. 2028  By: Wingard, Bullard, Murdock,
                                        Deevers, Jett, and Frix of
                                        the Senate
                                                and
                                         Hardin of the House
       An Act relating to the Oklahoma Milk and Milk
       Products Act; amending 2 O.S. 2021, Section 7-413,
       which relates to violations; expanding violations;
       requiring warning labels on containers of raw or
       unpasteurized milk and raw milk products; directing
       the Oklahoma Department of Agriculture, Food, and
       Forestry to develop and produce warning labels;
       requiring warning label to be affixed to certain
       products prior to sale or distribution; authorizing
       the Oklahoma Department of Agriculture, Food, and
       Forestry to promulgate rules; amending 2 O.S. 2021,
       Section 7-414, which relates to construction of act;
       allowing for certain sales of ungraded raw milk and
       raw milk products; restricting the advertisement of
       the sale of ungraded raw milk; increasing average
       monthly yield for incidental sales; providing for
       codification; and declaring an emergency.
SUBJECT:   Raw milk
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
    SECTION 1.     AMENDATORY    2 O.S. 2021, Section 7-413, is
amended to read as follows:
    Section 7-413. It shall be unlawful for any person to
knowingly, willfully, or recklessly:
    1. Attempt to produce, haul, process, 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 Agriculture;
    4. Sell, offer, expose for sale, or serve raw milk or raw milk
products without notifying the consumer that the product is not
licensed, regulated, or inspected;
    5. Sell, offer, expose for sale, or serve raw milk or raw milk
products without labeling the container of such raw milk or raw milk
products to indicate to the consumer that the product is raw or
unpasteurized milk and the date the milk was filled in accordance
with Section 2 of this act;
   6.   Dip or ladle Grade A milk and milk products;
    5. 7. Transfer Grade A milk and milk products at any location
other than a permitted Grade A facility designed and equipped for
such purpose;
    6. 8. Prevent, interfere, or attempt to impede the Commissioner
of Agriculture from investigating and enforcing the Oklahoma Milk
and Milk Products Act;
    7. 9. 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. 10. Violate any provision of the Oklahoma Milk and Milk
Products Act.
    SECTION 2.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 7-413.1 of Title 2, unless there
is created a duplication in numbering, reads as follows:
ENR. S. B. NO. 2028  Page 2
    A. Any container of raw milk or raw milk products sold, offered
for sale, or distributed shall be labeled with a visible warning
label and the date the milk was filled in accordance with this
section.
    B. The Oklahoma Department of Agriculture, Food, and Forestry
shall produce a warning label and shall make that warning label
available to all producers selling raw or unpasteurized milk through
the Department’s website. The warning label shall include
statements that are substantially similar to the following:
    1. Raw (unpasteurized) milk and raw milk products are not
licensed, regulated, or inspected and may contain harmful bacteria
that can cause serious illness; and
    2. Pregnant women, unborn babies, children, the elderly, and
people with weakened immune systems are at higher risk of serious
illness from consuming raw milk.
    C. Every producer of raw or unpasteurized milk shall affix the
warning label described in subsection B of this section prior to the
sale or distribution of such milk or milk products.
    D. The Department shall promulgate rules necessary to implement
the provisions of this section including, but not limited to, the
size, placement, and content of the warning label.
    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 to:
    1. Include incidental sales of ungraded raw milk or raw milk
products directly to consumers at the farm where the ungraded raw
milk or raw milk products is are produced;
    2. Preclude the advertising of the incidental sale of goat
milk; and
    3. Preclude the advertising of the sale of ungraded raw milk
and raw milk products; and
ENR. S. B. NO. 2028  Page 3
    4. 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 section, incidental sales of goat milk
are those sales where the average monthly number of gallons sold
does not exceed one hundred (100) one thousand five hundred (1,500).
    SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 2028  Page 4
   Passed the Senate the 16th day of March, 2026.
                                   Presiding Officer of the Senate
   Passed the House of Representatives the 4th day of May, 2026.
                                    Presiding Officer of the House
                                                of Representatives
                       OFFICE OF THE GOVERNOR
   Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
   Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
                                   _________________________________
                                   Governor of the State of Oklahoma
                  OFFICE OF THE SECRETARY OF STATE
   Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________
ENR. S. B. NO. 2028  Page 5