SB 2071

1  ENGROSSED HOUSE AMENDMENT
          TO
2  ENGROSSED SENATE BILL NO. 2071        By: Murdock of the Senate
3and
4Newton of the House
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7An Act relating to agriculture; amending 2 O.S. 2021,
        Sections 7-401, 7-403, 7-415, and 7-421, which relate
8to the Oklahoma Milk and Milk Products Act; updating
        statutory references; modifying definitions;
9increasing fees for production and sale of certain
        milk products; clarifying jurisdictional authority of
10dairy inspection and grading programs; updating
        statutory language; and providing an effective date.
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14 AMENDMENT NO. 1.   Strike the title, enacting clause, and entire bill
                    and insert:
15
16"An Act relating to agriculture; amending 2 O.S.
        2021, Sections 7-401, 7-403, 7-415, and 7-421, which
17relate to the Oklahoma Milk and Milk Products Act;
        updating statutory references; modifying definitions;
18clarifying jurisdictional authority of dairy
        inspection and grading programs; updating statutory
19language; and providing an effective date.
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21
22 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
23    SECTION 1.      AMENDATORY     2 O.S. 2021, Section 7-401, is
24 amended to read as follows:
 ENGR. H. A. to ENGR. S. B. NO. 2071  Page 1
1      Section 7-401.   Sections 4 7-401 through 23 7-421 of this act
2  title shall be known and may be cited as the “Oklahoma Milk and Milk
3  Products Act”.
4      SECTION 2.       AMENDATORY    2 O.S. 2021, Section 7-403, is
5  amended to read as follows:
6      Section 7-403.   As used in the Oklahoma Milk and Milk Products
7  Act:
8      1.   “Bulk milk hauler/sampler” means any person collecting
9  official samples who may transport raw milk from a farm or raw milk
10 products to or from a milk plant, receiving station, or transfer
11 station and has in his or her possession a permit from any state to
12 sample these products;
13     2.   “Dairy farm” means any premises owned or operated by a “milk
14 producer” milk producer where one or more cows or goats hooved
15 mammals are kept, and from which a part or all of the milk or milk
16 products is sold or offered for sale;
17     3.   “Goat milk” means the lacteal secretion, practically free
18 from colostrum, obtained by the complete milking of one or more
19 healthy goats;
20     4.   “Grade A milk and milk products” means milk and milk
21 products at any stage from production through pasteurization and
22 packaging, that are of the minimum quality and are produced, hauled,
23 processed and distributed under conditions which meet the
24 requirements of the Oklahoma Milk and Milk Products Act;
 ENGR. H. A. to ENGR. S. B. NO. 2071  Page 2
1      5. 4.   “Inhibitor” means any chemical or antibiotic substance
2  which inhibits or retards the growth of bacteria in milk;
3      6. 5.   “Milk” means the lacteal secretion, practically free from
4  colostrum, obtained by the complete milking of one or more healthy
5  cows hooved mammals, which contains not less than eight and one-
6  fourth percent (8 1/4%) milk solids-not-fat and not less than three
7  and one-fourth percent (3 1/4%) milk fat.   The term “milk” milk
8  shall include goat hooved mammal milk, fluid market milk, and milk
9  products for the purpose of distribution to the consumer, and may
10 contain optional ingredients defined by the State Board of
11 Agriculture and shall include ungraded and Grade A milk;
12     7. 6.   “Milk contact surface” means any pipe, tank, equipment,
13 or facility which contacts or may contact milk during the producing,
14 transporting, processing, or distributing of milk and milk products;
15     8. 7.   “Milk distribution center” means any premises, owned or
16 operated by a “milk distributor” milk distributor, which distributes
17 and sells or offers to sell milk and milk products but does not
18 include an establishment which sells or offers to sell Grade A milk
19 and milk products at retail;
20     9. 8.   “Milk facility” means the producing, processing,
21 transporting, or distributing premises and facilities which operate
22 under an appropriate and valid permit issued by the Commissioner, in
23 compliance with the Oklahoma Milk and Milk Products Act and the
24 rules of the Board;
 ENGR. H. A. to ENGR. S. B. NO. 2071  Page 3
1     10. 9.    “Milk fat” or “butter fat” means the fat of milk;
2     11. 10.   “Milk plant” means any premises owned or operated by a
3  “milk processor” milk processor where milk or milk products are
4  collected, manufactured, processed, pasteurized, bottled, stored, or
5  prepared for distribution for commercial purposes including, but not
6  limited to, a receiving or transfer station;
7     12. 11.   “Milk products” means those products produced or
8  obtained from milk or any component or product of milk and defined
9  by the Board, including Grade A milk products, ungraded raw milk,
10 and ungraded milk products;
11    13. 12.   “Milk tank truck cleaning facility” means any premises
12 or establishment, separate from a milk plant, receiving station, or
13 transfer station, where a milk tank truck is cleaned and sanitized;
14    14. 13.   “Milk tank truck driver” means any person transporting
15 raw or pasteurized milk products between a milk plant, receiving
16 station, or transfer station;
17    15. 14.   “Milk transportation company” means any person
18 responsible for a milk tank truck;
19    16. 15.   “Pasteurized milk” means Grade A raw milk which has
20 been pasteurized and stored in accordance with the chemical,
21 bacteriological, and temperature standards required by the Board;
22    17. 16.   “Receiving station” means any premises where raw milk
23 is received, collected, handled, stored, or cooled and prepared for
24 further transporting;
 ENGR. H. A. to ENGR. S. B. NO. 2071  Page 4
1      18. 17.    “Retail food store” means any establishment which
2  offers for retail sale packaged or bulk food goods for human
3  consumption;
4      19. 18.    “Transfer station” means any establishment or premises
5  where milk or milk products are transferred directly from one milk
6  tank truck to another; and
7      20. 19.    “Ungraded milk products” and “manufacture grade milk
8  products” include, but are not limited to, butter, cheese, dry milk,
9  condensed milk, filled or evaporated milk, frozen dairy dessert and
10 mello-drink products.
11     SECTION 3.       AMENDATORY     2 O.S. 2021, Section 7-415, is
12 amended to read as follows:
13     Section 7-415.   A.   A fee of one cent ($0.01) shall be assessed
14 on each one hundred (100) pounds of raw milk produced in this state.
15 Each co-op, marketing agent, or processing plant where the raw milk
16 is not collected by a co-op or marketing agent, doing business in
17 Oklahoma this state shall pay the fees each calendar month to the
18 Commissioner of Agriculture to be credited to the Milk and Milk
19 Products Inspection Revolving Fund of the State Treasury.
20     B.   There is hereby assessed a fee of one cent ($0.01) on each
21 one hundred (100) pounds of Grade A milk or milk products processed
22 or offered for retail sale in Oklahoma this state.    Each milk plant
23 doing business in Oklahoma this state shall pay the fees each
24
 ENGR. H. A. to ENGR. S. B. NO. 2071  Page 5
1  calendar month to the Commissioner to be credited to the Milk and
2  Milk Products Inspection Revolving Fund of the State Treasury.
3     C.   A fee assessed on each one hundred (100) pounds of milk or
4  milk products produced or processed in another state and imported
5  into Oklahoma this state shall be the same amount assessed on milk
6  or milk products shipped to that state from Oklahoma this state.
7  The person shipping or causing the shipment of milk or milk products
8  shall be responsible for paying the fees semi-annually on January 1
9  and July 1 of each year to the Commissioner and be credited to the
10 Milk and Milk Products Inspection Revolving Fund of the State
11 Treasury.
12    SECTION 4.       AMENDATORY   2 O.S. 2021, Section 7-421, is
13 amended to read as follows:
14    Section 7-421.   The Oklahoma State Department of Agriculture,
15 Food, and Forestry is hereby designated as the official state agency
16 of this state for purposes of cooperating with and implementing the
17 dairy inspection and grading program under the jurisdiction of the
18 United States Department of Agriculture, the United States
19 Department of Health and Human Services, the United States Public
20 Health Service, and the United States Food and Drug Administration.
21    SECTION 5.   This act shall become effective November 1, 2026."
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 ENGR. H. A. to ENGR. S. B. NO. 2071  Page 6
1     Passed the House of Representatives the 4th day of May, 2026.
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4Presiding Officer of the House of
                                                     Representatives
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6     Passed the Senate the ____ day of __________, 2026.
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9Presiding Officer of the Senate
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 ENGR. H. A. to ENGR. S. B. NO. 2071  Page 7
1  ENGROSSED SENATE
 BILL NO. 2071  By: Murdock of the Senate
2
                                                    and
3
                                             Newton of the House
4
5
6An Act relating to agriculture; amending 2 O.S. 2021,
          Sections 7-401, 7-403, 7-415, and 7-421, which relate
7to the Oklahoma Milk and Milk Products Act; updating
          statutory references; modifying definitions;
8increasing fees for production and sale of certain
          milk products; clarifying jurisdictional authority of
9dairy inspection and grading programs; updating
          statutory language; and providing an effective date.
10
11
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13     SECTION 6.       AMENDATORY     2 O.S. 2021, Section 7-401, is
14 amended to read as follows:
15     Section 7-401.     Sections 4 7-401 through 23 7-421 of this act
16 title shall be known and may be cited as the “Oklahoma Milk and Milk
17 Products Act”.
18     SECTION 7.       AMENDATORY     2 O.S. 2021, Section 7-403, is
19 amended to read as follows:
20     Section 7-403.     As used in the Oklahoma Milk and Milk Products
21 Act:
22     1.   “Bulk milk hauler/sampler” means any person collecting
23 official samples who may transport raw milk from a farm or raw milk
24 products to or from a milk plant, receiving station, or transfer
 ENGR. S. B. NO. 2071  Page 1
1  station and has in his or her possession a permit from any state to
2  sample these products;
3      2.   “Dairy farm” means any premises owned or operated by a “milk
4  producer” milk producer where one or more cows or goats hooved
5  mammals are kept, and from which a part or all of the milk or milk
6  products is sold or offered for sale;
7      3.   “Goat milk” means the lacteal secretion, practically free
8  from colostrum, obtained by the complete milking of one or more
9  healthy goats;
10     4.   “Grade A milk and milk products” means milk and milk
11 products at any stage from production through pasteurization and
12 packaging, that are of the minimum quality and are produced, hauled,
13 processed and distributed under conditions which meet the
14 requirements of the Oklahoma Milk and Milk Products Act;
15     5. 4.   “Inhibitor” means any chemical or antibiotic substance
16 which inhibits or retards the growth of bacteria in milk;
17     6. 5.   “Milk” means the lacteal secretion, practically free from
18 colostrum, obtained by the complete milking of one or more healthy
19 cows hooved mammals, which contains not less than eight and one-
20 fourth percent (8 1/4%) milk solids-not-fat and not less than three
21 and one-fourth percent (3 1/4%) milk fat.   The term “milk” milk
22 shall include goat hooved mammal milk, fluid market milk, and milk
23 products for the purpose of distribution to the consumer, and may
24
 ENGR. S. B. NO. 2071  Page 2
1  contain optional ingredients defined by the State Board of
2  Agriculture and shall include ungraded and Grade A milk;
3     7. 6.    “Milk contact surface” means any pipe, tank, equipment,
4  or facility which contacts or may contact milk during the producing,
5  transporting, processing, or distributing of milk and milk products;
6     8. 7.    “Milk distribution center” means any premises, owned or
7  operated by a “milk distributor” milk distributor, which distributes
8  and sells or offers to sell milk and milk products but does not
9  include an establishment which sells or offers to sell Grade A milk
10 and milk products at retail;
11    9. 8.    “Milk facility” means the producing, processing,
12 transporting, or distributing premises and facilities which operate
13 under an appropriate and valid permit issued by the Commissioner, in
14 compliance with the Oklahoma Milk and Milk Products Act and the
15 rules of the Board;
16    10. 9.    “Milk fat” or “butter fat” means the fat of milk;
17    11. 10.   “Milk plant” means any premises owned or operated by a
18 “milk processor” milk processor where milk or milk products are
19 collected, manufactured, processed, pasteurized, bottled, stored, or
20 prepared for distribution for commercial purposes including, but not
21 limited to, a receiving or transfer station;
22    12. 11.   “Milk products” means those products produced or
23 obtained from milk or any component or product of milk and defined
24
 ENGR. S. B. NO. 2071  Page 3
1  by the Board, including Grade A milk products, ungraded raw milk,
2  and ungraded milk products;
3      13. 12.    “Milk tank truck cleaning facility” means any premises
4  or establishment, separate from a milk plant, receiving station, or
5  transfer station, where a milk tank truck is cleaned and sanitized;
6      14. 13.    “Milk tank truck driver” means any person transporting
7  raw or pasteurized milk products between a milk plant, receiving
8  station, or transfer station;
9      15. 14.    “Milk transportation company” means any person
10 responsible for a milk tank truck;
11     16. 15.    “Pasteurized milk” means Grade A raw milk which has
12 been pasteurized and stored in accordance with the chemical,
13 bacteriological, and temperature standards required by the Board;
14     17. 16.    “Receiving station” means any premises where raw milk
15 is received, collected, handled, stored, or cooled and prepared for
16 further transporting;
17     18. 17.    “Retail food store” means any establishment which
18 offers for retail sale packaged or bulk food goods for human
19 consumption;
20     19. 18.    “Transfer station” means any establishment or premises
21 where milk or milk products are transferred directly from one milk
22 tank truck to another; and
23     20. 19.    “Ungraded milk products” and “manufacture grade milk
24 products” include, but are not limited to, butter, cheese, dry milk,
 ENGR. S. B. NO. 2071  Page 4
1  condensed milk, filled or evaporated milk, frozen dairy dessert and
2  mello-drink products.
3      SECTION 8.       AMENDATORY        2 O.S. 2021, Section 7-415, is
4  amended to read as follows:
5      Section 7-415.     A.    A fee of one cent ($0.01) two cents ($0.02)
6  shall be assessed on each one hundred (100) pounds of raw milk
7  produced in this state.       Each co-op, marketing agent, or processing
8  plant where the raw milk is not collected by a co-op or marketing
9  agent, doing business in Oklahoma this state shall pay the fees each
10 calendar month to the Commissioner of Agriculture to be credited to
11 the Milk and Milk Products Inspection Revolving Fund of the State
12 Treasury.
13     B.   There is hereby assessed a fee of one cent ($0.01) two cents
14 ($0.02) on each one hundred (100) pounds of Grade A milk or milk
15 products processed or offered for retail sale in Oklahoma this
16 state.   Each milk plant doing business in Oklahoma this state shall
17 pay the fees each calendar month to the Commissioner to be credited
18 to the Milk and Milk Products Inspection Revolving Fund of the State
19 Treasury.
20     C.   A fee of two cents ($0.02) shall be assessed on each one
21 hundred (100) pounds of milk or milk products produced or processed
22 in another state and imported into Oklahoma shall be the same amount
23 assessed on milk or milk products shipped to that state from
24 Oklahoma this state.        The person shipping or causing the shipment of
 ENGR. S. B. NO. 2071  Page 5
1  milk or milk products shall be responsible for paying the fees semi-
2  annually on January 1 and July 1 of each year to the Commissioner
3  and such fees shall be credited to the Milk and Milk Products
4  Inspection Revolving Fund of the State Treasury.
5     SECTION 9.       AMENDATORY    2 O.S. 2021, Section 7-421, is
6  amended to read as follows:
7     Section 7-421.   The Oklahoma State Department of Agriculture,
8  Food, and Forestry is hereby designated as the official state agency
9  of this state for purposes of cooperating with and implementing the
10 dairy inspection and grading program under the jurisdiction of the
11 United States Department of Agriculture, the United States
12 Department of Health and Human Services, the United States Public
13 Health Service, and the United States Food and Drug Administration.
14    SECTION 10.   This act shall become effective November 1, 2026.
15    Passed the Senate the 10th day of March, 2026.
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                                    Presiding Officer of the Senate
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19    Passed the House of Representatives the ____ day of __________,
20 2026.
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                                     Presiding Officer of the House
23of Representatives
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 ENGR. S. B. NO. 2071  Page 6
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