1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 768 By: Murdock
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6 AS INTRODUCED
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7 An Act relating to calf fries; amending 2 O.S. 2011,
7 Section 6-185, which relates to the Oklahoma Meat
8 Inspection Act; exempting certain product; creating
8 the Calf Fry Direct Sales Act; providing short title;
9 defining terms; authorizing certain sale of calf
9 fries; exempting certain producers from the Oklahoma
10 Meat Inspection Act; construing provisions;
10 prohibiting intrastate commerce; stating minimal
11 standards; requiring refrigeration, labeling,
11 signage, packaging and quantity; limiting
12 jurisdiction of sales; describing pack-date and
12 expiration date; stating expiration term; defining
13 terms; stating violation and penalty; construing
13 effect of serving or selling cooked calf fries;
14 prohibiting transport to another location for sale;
14 providing exception for certain transport and sale;
15 providing for codification; and declaring an
15 emergency.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. AMENDATORY 2 O.S. 2011, Section 6-185, is
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20 amended to read as follows:
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21 Section 6-185. A. The Oklahoma Meat Inspection Act shall apply
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22 to:
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23 1. All carcasses or parts of carcasses of cattle, bison, sheep,
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24 swine, goats, horses, mules, and other equines or the meat or meat
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 1 products thereof, except those provided for in Section 2 of this
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2 act, capable of use as human food, which may be brought into any
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3 slaughtering, meat-canning, salting, packing, rendering, or similar
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4 establishment, where inspection under the Oklahoma Meat Inspection
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5 Act is maintained. Examination and inspection shall be made before
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6 the carcasses or parts thereof shall be allowed to enter into any
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7 department wherein the same are to be treated and prepared for meat
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8 food products; and
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9 2. All such products which, after having been issued from any
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10 such slaughtering, meat-canning, salting, packing, rendering, or
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11 similar establishment, shall be returned to the same or to any
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12 similar establishment where such inspection is maintained.
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13 B. The Board may limit the entry of carcasses, parts of
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14 carcasses, meat and meat food products, and other materials, unless
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15 otherwise exempt by law, into any establishment at which inspection
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16 under the Oklahoma Meat inspection Act is maintained, under the
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17 conditions as it may prescribe to assure that allowing the entry of
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18 such articles into such inspected establishments will be consistent
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19 with the purposes of the Oklahoma Meat Inspection Act.
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20 SECTION 2. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 215.1 of Title 2, unless there
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22 is created a duplication in numbering, reads as follows:
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23 This act shall be known and may be cited as the “Calf Fry Direct
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24 Sales Act”.
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 1 SECTION 3. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 215.2 of Title 2, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. As used in this section:
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5 1. “Ambient temperature” means the atmospheric temperature
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6 surrounding or encircling the product and container;
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7 2. “Beef producers” means any person that has an ownership
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8 interest in cattle;
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9 3. “Calf fry” or “calf fries” means raw calf testicles that are
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10 produced by castration of young male cattle for human consumption as
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11 a part of a domestic cattle raising operation or cattle
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12 slaughterhouse facility;
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13 4. “Consumer” means any person using the product for human food
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14 and human consumption including, but not limited to, commercial
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15 restaurants and caterers;
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16 5. “Container” means any receptacle or packaging in which the
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17 product is dispensed to consumers;
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18 6. “Expiration date” means the date the products are to be
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19 removed from sale to consumers; and
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20 7. “Pack-date” means the date that the product was placed in
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21 the container to sell.
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22 B. 1. Oklahoma beef producers may sell ungraded, uninspected
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23 and unmarked raw calf fries from their own herd production when
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24 selling such product direct to a consumer as provided in this
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 1 section. Raw calf fries shall be exempt from the Oklahoma Meat
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2 Inspection Act.
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3 2. Slaughterhouses may sell raw calf fries direct to consumers
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4 as provided in this section.
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5 3. Nothing in this section shall prohibit the retail sale of
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6 raw calf fries produced by a beef producer or obtained direct from a
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7 slaughterhouse by a consumer for human consumption in this state.
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8 4. Raw calf fries sold under this section shall be produced
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9 from calves raised and maintained by the beef producer or processed
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10 at the slaughterhouse from which the product is sold direct to the
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11 consumer in this state.
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12 5. Interstate commerce of raw calf fries is prohibited under
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13 this section.
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14 C. A producer of raw calf fries shall follow these minimal
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15 standards when selling the product direct to a consumer:
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16 1. Raw calf fries sold for human food or human consumption
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17 shall be frozen immediately upon production or refrigerated at an
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18 ambient temperature of forty-five degrees (45°) Fahrenheit or lower
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19 within five (5) hours of production;
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20 2. Raw calf fries stored by the beef producer or slaughterhouse
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21 that are intended for direct sale to the consumer as human food
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22 shall be held at a constant temperature in accordance with paragraph
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23 1 of this subsection;
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 1 3. Raw calf fries to be stored for sale as human food shall be
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2 labeled with the following statement: “Keep frozen or refrigerated
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3 at or below 45 degrees Fahrenheit”;
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4 4. Raw calf fries shall not be sold for human consumption after
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5 five (5) hours from production without proper freezing or
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6 refrigeration as provided in paragraph 1 of this subsection;
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7 5. Producers of raw calf fries shall not be responsible for the
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8 quality of the product if all handling procedures in this subsection
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9 are followed prior to the sale of the product to a consumer;
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10 6. At retail locations selling raw calf fries, a sign furnished
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11 by the Oklahoma Department of Agriculture, Food, and Forestry
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12 stating the proper procedure for storage and handling of calf fries
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13 shall be permanently displayed at a location easily seen by
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14 consumers and persons handling the product;
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15 7. The producer of raw calf fries to be sold for human
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16 consumption must use a clean container to package and label the
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17 product;
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18 8. The producer and packager of raw calf fries shall affix a
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19 pack-date and expiration date to each container of product offered
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20 for sale, except when a consumer is present in person at the
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21 production location with a personal container to collect, purchase
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22 and transport the product;
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 1 9. The producer of raw calf fries to be sold for human
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2 consumption may sell the product by the half-dozen, dozen or in
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3 cases of thirty (30) dozen or more as desired; and
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4 10. For purposes of this section, the retail sale of raw calf
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5 fries is limited to retail sales within the jurisdiction of this
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6 state by Oklahoma beef producers and slaughterhouses.
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7 D. 1. A pack-date may be in a three-digit Julian date or a
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8 calendar date.
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9 2. An expiration date shall be used on the container, the date
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10 shall be preceded by “EXP”, “sell by” or “use through”.
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11 3. Frozen raw calf fries shall expire ninety (90) days after
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12 initial freezing and unfrozen fresh calf fries shall expire three
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13 (3) days after processing when consistently held at an ambient
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14 temperature of forty-five degrees (45°) Fahrenheit or lower.
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15 E. 1. Any person that sells at retail, advertises or displays
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16 for sale or offers for sale raw, calf fries direct to consumers for
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17 human consumption without having complied with the provisions of
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18 this section shall, upon conviction, be guilty of a misdemeanor.
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19 2. Nothing in this section shall prohibit a commercial
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20 restaurant or licensed caterer from serving or selling for human
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21 consumption cooked calf fries to consumers whether or not such
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22 product was purchased directly from a beef producer or
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23 slaughterhouse under this section.
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 1 SECTION 4. It being immediately necessary for the preservation
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2 of the public peace, health or safety, an emergency is hereby
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3 declared to exist, by reason whereof this act shall take effect and
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4 be in full force from and after its passage and approval.
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6 58-1-305 NP 1/21/2021 2:09:22 PM
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