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Oklahoma Legislature· SB 722Rereferred to Agriculture Committee

An act relating to agriculture, the official text

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1                  STATE OF OKLAHOMA

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2                 1st Session of the 60th Legislature (2025)

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3 SENATE BILL 722               By: Kern
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6                               AS INTRODUCED

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7   An Act relating to agriculture; amending 2 O.S. 2021,

7   Section 1-3, which relates to definitions; modifying

8   definitions; amending 2 O.S. 2021, Section 4-20,

8   which relates to the official animal identification

9   agency; prohibiting certain monitoring; updating

9   statutory references; updating statutory language;

10  and providing an effective date.

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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14  SECTION 1.     AMENDATORY   2 O.S. 2021, Section 1-3, is

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15 amended to read as follows:
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16  Section 1-3. For the purposes of the Oklahoma Agricultural

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17 Code, unless the context indicates otherwise:
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18  1. "Authorized agent" means a person who has been authorized by

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19 the State Board of Agriculture to act on behalf of the Board in
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20 making investigations, inspections, performing other services, or
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21 doing any particular act or acts which have been vested by the
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22 Oklahoma Agricultural Code in the Board. A written or printed
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23 commission signed by the President of the Board shall be proof that
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    Req. No. 834                                              Page 1
1 the holder has lawful authority to act on behalf of the Board in
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2 implementing the Oklahoma Agricultural Code;
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3   2. "Beef" means the flesh of a bovine animal;

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4   3. "Beef product" means the edible products produced in whole

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5 or in part from beef, excluding milk and milk products;
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6   4. "Board" means the State Board of Agriculture;

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7   5. "Code" means the Oklahoma Agricultural Code;

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8   6. "Department" means the Oklahoma Department of Agriculture,

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9 Food, and Forestry and its employees, officers, and divisions.
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10 Whenever the name "Department of Agriculture" Department of
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11 Agriculture appears in any law, contract or other document, it shall
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12 be deemed to refer to the Oklahoma Department of Agriculture, Food,
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13 and Forestry;
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14  7. "Director" means the Director of a division established in

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15 the Oklahoma Department of Agriculture, Food, and Forestry;
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16  8. "License" means a written document issued by the Board

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17 granting authority to a person to engage in a business, occupation,
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18 or activity;
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19  9. "Livestock" or "animals" means any cattle, bison, horses,

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20 sheep, goats, asses, mules, swine, domesticated rabbits, and
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21 chickens, turkeys, and other domesticated fowl, and any animal or
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22 bird in captivity;
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23  10. "Official identification" means any official method of

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24 identification approved by USDA the United States Department of
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    Req. No. 834                                                Page 2
1 Agriculture, as described by 9 C.F.R., � Section 86.1, or the State
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2 Veterinarian; provided, that no official identification shall be
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3 used to monitor electronically any animal of this state. Official
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4 identification for specific species may be further defined within
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5 the applicable section of the Oklahoma Administrative Code.
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6 Backtags shall not be considered official identification unless the
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7 animal is shipped directly to slaughter. The term "official ear
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8 tag" is synonymous with "official identification" official
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9 identification;
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10  11. "Permit" means a written document issued by the Board

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11 giving consent for a person to engage in an activity;
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12  12. "Person" means the state, any municipality, political

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13 subdivision, institution, individual, public or private corporation,
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14 partnership, association, firm, company, public trust, joint-stock
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15 company, trust, estate, state or federal agency, other governmental
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16 entity, or any other legal entity or an agent, employee,
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17 representative, assignee or successor thereof;
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18  13. "Pork" means the flesh of a porcine animal;

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19  14. "Pork products" means a product or byproduct produced in

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20 whole or in part from pork;
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21  15. "President" means the President of the State Board of

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22 Agriculture. The President of the State Board of Agriculture shall
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23 also be designated as the Commissioner of Agriculture;
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    Req. No. 834                                               Page 3
1   16. "Producer" means any person planting, raising, growing, or

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2 harvesting agricultural products;
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3   17. "Quarantine" means a written document issued by the Board

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4 to restrict the movement of animals, birds, plants, or agricultural
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5 commodities into or out of a specified area for the control or
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6 prevention of diseases or pests; and
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7   18. "Stop sale order" or "stop use order" means a written or

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8 printed order signed by the President or authorized agent of the
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9 Board, prohibiting the sale, offering for sale, exposure for sale,
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10 or use of any agricultural product, article, device, service, or
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11 commodity covered by the Oklahoma Agricultural Code.
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12  SECTION 2.      AMENDATORY       2 O.S. 2021, Section 4-20, is

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13 amended to read as follows:
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14  Section 4-20. A. The Oklahoma Department of Agriculture, Food,

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15 and Forestry shall be the official animal identification agency of
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16 the state and shall be the official agency of the state in any
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17 dealings between this state and the United States Department of
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18 Agriculture, any other federal agency, or any agency or person of
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19 this or another state on matters pertaining to animal
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20 identification.
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21  B. It is the intent of the Oklahoma State Legislature to direct

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22 and authorize the Oklahoma Department of Agriculture, Food, and
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23 Forestry to develop, implement, and administer an Oklahoma Animal
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24 Identification Program that achieves the following goals:
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    Req. No. 834                                              Page 4
1   1. Enhance disease preparedness by rapidly identifying animals

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2 exposed to disease, thus allowing quick detection, containment, and
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3 elimination of disease threats;
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4   2. Promote continued confidence in animal products and to

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5 protect the health status of Oklahoma's herds and flocks;
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6   3. Identify infected and exposed premises, animals, and groups

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7 of animals;
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8   4. Develop a comprehensive infrastructure that utilizes state-

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9 of-the-art national and international standards with the best
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10 available and practical technologies for the collection and
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11 recording of livestock and food animal movements; and
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12  5. Be dynamic and flexible, and incorporate new and proven

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13 technologies as they become available.
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14  C. The Department shall be authorized to promulgate rules for

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15 the implementation and administration of the Oklahoma Animal
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16 Identification Program, if one of the following occurs:
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17  1. The United States Department of Agriculture issues proposed

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18 or final rules or requirements for the implementation of a national
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19 animal identification or premises registration program;
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20  2. The United States Congress enacts requirements for a

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21 national animal identification or premises registration system; or
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22  3. Another state establishes requirements for animal

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23 identification or premises registration affecting the importation of
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24 livestock from Oklahoma.
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    Req. No. 834                                                Page 5
1   D. Any rules promulgated by the Department pursuant to this

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2 section that may be reasonably necessary to implement the Oklahoma
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3 Animal Identification Program may include the following:
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4   1. Premises identification;

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5   2. Individual animal identification;

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6   3. Group and lot animal identification;

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7   4. Specifications and standards for the identification

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8 technologies used to track and trace animal movements; provided,
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9 that the rule shall not be used to monitor electronically any animal
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10 of this state;
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11  5. Record keeping; and

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12  6. Protecting and improving the health of Oklahoma livestock

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13 and food animals.
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14  E. The Department may charge fees; however, the fees shall be

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15 limited to the actual costs of the Department for the implementation
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16 and administration of the Oklahoma Animal Identification Program.
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17  F. Pursuant to this section and rules promulgated pursuant

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18 thereto, any data or records provided to the Department by persons
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19 regarding premises or animal identification, including the name and
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20 address of the provider, shall be kept confidential except in the
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21 following circumstances:
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22  1. Federal law requires the information for a National Animal

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23 Identification national animal identification program;
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    Req. No. 834                                            Page 6
1   2. The Department deems release of confidential information to

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2 other state and federal agencies is necessary for disease control
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3 and disease traceback;
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4   3. The information is needed to assist law enforcement

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5 officials in livestock recovery and theft investigations; and
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6   4. The Department may release information as needed to assist

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7 in criminal investigations or tracebacks concerning violations of
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8 state or federal pharmacy acts and drug residues.
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9   G. In the event that information regarding premises or animal

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10 identification is provided to other individuals or entities, the
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11 information shall be specific and not cumulative.
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12  H. A court shall quash any subpoena commanding the disclosure

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13 of confidential information or records of the Department.
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14  SECTION 3. This act shall become effective November 1, 2025.

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16  60-1-834      MR      1/19/2025 5:42:01 AM

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    Req. No. 834                                              Page 7
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