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ENGR. S. B. NO. 722 Page 1
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ENGROSSED SENATE
BILL NO. 722 By: Kern and Bullard of the
Senate
and
Burns of the House
An Act relating to agriculture; amending 2 O.S. 2021,
Section 1-3, which relates to definitions; modifying
definitions; amending 2 O.S. 2021, Section 4-20,
which relates to the official animal identification
agency; prohibiting certain monitoring; updating
statutory references; 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 1-3, is
amended to read as follows:
Section 1-3. For the purposes of the Oklahoma Agricultural
Code, unless the context indicates otherwise:
1. “Authorized agent” means a person who has been authorized by
the State Board of Agriculture to act on behalf of the Board in
making investigations, inspections, performing other services, or
doing any particular act or acts which have been vested by the
Oklahoma Agricultural Code in the Board. A written or printed
commission signed by the President of the Board shall be proof that
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the holder has lawful authority to act on behalf of the Board in
implementing the Oklahoma Agricultural Code;
2. “Beef” means the flesh of a bovine animal;
3. “Beef product” means the edible products produced in whole
or in part from beef, excluding milk and milk products;
4. “Board” means the State Board of Agriculture;
5. “Code” means the Oklahoma Agricultural Code;
6. “Department” means the Oklahoma Department of Agriculture,
Food, and Forestry and its employees, officers, and divisions.
Whenever the name “Department of Agriculture” Department of
Agriculture appears in any law, contract or other document, it shall
be deemed to refer to the Oklahoma Department of Agriculture, Food,
and Forestry;
7. “Director” means the Director of a division established in
the Oklahoma Department of Agriculture, Food, and Forestry;
8. “License” means a written document issued by the Board
granting authority to a person to engage in a business, occupation,
or activity;
9. “Livestock” or “animals” means any cattle, bison, horses,
sheep, goats, asses, mules, swine, domesticated rabbits, and
chickens, turkeys, and other domesticated fowl, and any animal or
bird in captivity;
10. “Official identification” means any official method of
identification approved by USDA the United States Department of
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Agriculture, as described by 9 C.F.R., § Section 86.1, or the State
Veterinarian; provided, that no official identification shall be
used to monitor electronically any cattle or bison younger than
eighteen (18) months of age of this state without the owner’s
consent. Official identification for specific species may be
further defined within the applicable section of the Oklahoma
Administrative Code. Backtags shall not be considered official
identification unless the animal is shipped directly to slaughter.
The term “official ear tag” is synonymous with “official
identification” official identification;
11. “Permit” means a written document issued by the Board
giving consent for a person to engage in an activity;
12. “Person” means the state, any municipality, political
subdivision, institution, individual, public or private corporation,
partnership, association, firm, company, public trust, joint-stock
company, trust, estate, state or federal agency, other governmental
entity, or any other legal entity or an agent, employee,
representative, assignee or successor thereof;
13. “Pork” means the flesh of a porcine animal;
14. “Pork products” means a product or byproduct produced in
whole or in part from pork;
15. “President” means the President of the State Board of
Agriculture. The President of the State Board of Agriculture shall
also be designated as the Commissioner of Agriculture;
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16. “Producer” means any person planting, raising, growing, or
harvesting agricultural products;
17. “Quarantine” means a written document issued by the Board
to restrict the movement of animals, birds, plants, or agricultural
commodities into or out of a specified area for the control or
prevention of diseases or pests; and
18. “Stop sale order” or “stop use order” means a written or
printed order signed by the President or authorized agent of the
Board, prohibiting the sale, offering for sale, exposure for sale,
or use of any agricultural product, article, device, service, or
commodity covered by the Oklahoma Agricultural Code.
SECTION 2. AMENDATORY 2 O.S. 2021, Section 4-20, is
amended to read as follows:
Section 4-20. A. The Oklahoma Department of Agriculture, Food,
and Forestry shall be the official animal identification agency of
the state and shall be the official agency of the state in any
dealings between this state and the United States Department of
Agriculture, any other federal agency, or any agency or person of
this or another state on matters pertaining to animal
identification.
B. It is the intent of the Oklahoma State Legislature to direct
and authorize the Oklahoma Department of Agriculture, Food, and
Forestry to develop, implement, and administer an Oklahoma Animal
Identification Program that achieves the following goals:
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1. Enhance disease preparedness by rapidly identifying animals
exposed to disease, thus allowing quick detection, containment, and
elimination of disease threats;
2. Promote continued confidence in animal products and to
protect the health status of Oklahoma’s herds and flocks;
3. Identify infected and exposed premises, animals, and groups
of animals;
4. Develop a comprehensive infrastructure that utilizes state-
of-the-art national and international standards with the best
available and practical technologies for the collection and
recording of livestock and food animal movements; and
5. Be dynamic and flexible, and incorporate new and proven
technologies as they become available.
C. The Department shall be authorized to promulgate rules for
the implementation and administration of the Oklahoma Animal
Identification Program, if one of the following occurs:
1. The United States Department of Agriculture issues proposed
or final rules or requirements for the implementation of a national
animal identification or premises registration program;
2. The United States Congress enacts requirements for a
national animal identification or premises registration system; or
3. Another state establishes requirements for animal
identification or premises registration affecting the importation of
livestock from Oklahoma.
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D. Any rules promulgated by the Department pursuant to this
section that may be reasonably necessary to implement the Oklahoma
Animal Identification Program may include the following:
1. Premises identification;
2. Individual animal identification;
3. Group and lot animal identification;
4. Specifications and standards for the identification
technologies used to track and trace animal movements; provided,
that the rule shall not be used to monitor electronically any cattle
or bison younger than eighteen (18) months of age of this state
without the owner’s consent;
5. Record keeping; and
6. Protecting and improving the health of Oklahoma livestock
and food animals.
E. The Department may charge fees; however, the fees shall be
limited to the actual costs of the Department for the implementation
and administration of the Oklahoma Animal Identification Program.
F. Pursuant to this section and rules promulgated pursuant
thereto, any data or records provided to the Department by persons
regarding premises or animal identification, including the name and
address of the provider, shall be kept confidential except in the
following circumstances:
1. Federal law requires the information for a National Animal
Identification national animal identification program;
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2. The Department deems release of confidential information to
other state and federal agencies is necessary for disease control
and disease traceback;
3. The information is needed to assist law enforcement
officials in livestock recovery and theft investigations; and
4. The Department may release information as needed to assist
in criminal investigations or tracebacks concerning violations of
state or federal pharmacy acts and drug residues.
G. In the event that information regarding premises or animal
identification is provided to other individuals or entities, the
information shall be specific and not cumulative.
H. A court shall quash any subpoena commanding the disclosure
of confidential information or records of the Department.
SECTION 3. This act shall become effective November 1, 2025.
Passed the Senate the 13th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives