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