reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1301.35. Food establishments - notice.

A. No food establishment shall place before any patron or employee any Mello-drink product for use as beverage, unless any such Mello-drink product or products are clearly identified, in their original containers, as such or such identification shall be printed on each menu furnished to such patrons and employees, if not served in their original container, in legible type of such size as is used to denote the use of margarine on the menu.
B. No food establishment shall serve a Mello-drink product from a bulk dispenser or container of the type customarily used for or associated with or which may be associated with a milk product, unless the bulk dispenser or container is prominently labeled "Mello-drink product".
Laws 1971, c. 96, § 6, operative July 1, 1971. Renumbered from Title 2, § 7-306 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, § 205, eff. July 20, 1987.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1301.36. Registration.

A. Any person engaged in the manufacture of a Mello-drink product shall separately register each product with the Department as provided by this section.
B. Each application for a registered product shall be in such form as prescribed by the Department and shall be accompanied by a fee of Ten Dollars ($10.00). The application shall include the ingredients of the product, and the proposed label or labels for the product. The Department shall approve such application if it determines the product will comply or has complied with the provisions of this act. The information required by this subsection shall be kept current, and shall be amended within thirty (30) days of any change; provided, that the submission of containers for approval of minor informational changes on the label or changes in the promotional panel of the label shall not require the payment of any fee.
C. No Mello-drink product shall be sold unless it is registered with and approved by the Department.
D. In addition to any other penalty, the Department or its authorized agent may, after any hearing, revoke or suspend the registration of any Mello-drink product for violation of the provisions of this act.
E. All product registrations made pursuant to this section shall be confidential. No information contained in the application for any such registration, or in the registration, shall be divulged by the Department, except if necessary for the proper determination of any hearing before the Department or any court proceeding.
Laws 1971, c. 96, § 8, operative July 1, 1971. Amended by Laws 1987, c. 206, § 32, operative July 1, 1987; Laws 1987, c. 236, § 18, emerg. eff. July 20, 1987. Renumbered from Title 2, § 7-308 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, § 205, emerg. eff. July 20, 1987.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1301.37. License to manufacture.

A. The Department shall issue an annual license authorizing the manufacture of Mello-drink products. The license shall expire at the end of each fiscal year.
B. Each application for a license shall be in the form as prescribed by the Department and shall be accompanied by a fee of Fifteen Dollars ($15.00).
C. The Department shall issue a license to each applicant who satisfies the requirements of this act and the rules, regulations and orders adopted pursuant to this act.
D. It is unlawful and a misdemeanor to engage in the manufacture of Mello-drink products without a license for the current fiscal year. Each separate plant or place of manufacturing shall require a license.
E. The manufacture of Mello-drink products under unhealthful or insanitary conditions or any other violation of this act shall be grounds for revocation or suspension of the manufacturer's license.
F. It is unlawful and a misdemeanor for any person to sell, give away or deliver any Mello-drink product which has been produced in a plant that is in an insanitary condition, or that is handled by any carrier or any store or depot that is in an insanitary condition.
Laws 1971, c. 96, § 9, operative July 1, 1971. Amended by Laws 1987, c. 206, § 33, operative July 1, 1987; Laws 1987, c. 236, § 19, emerg. eff. July 20, 1987. Renumbered from Title 2, § 7-309 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, § 205, emerg. eff. July 20, 1987.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1301.38. Import license.

A. It is unlawful and a misdemeanor to import Mello-drink products into the State of Oklahoma without a license for such importation.
B. Each application for an import license shall be in the form as prescribed by the Department and shall be accompanied by a fee of Fifteen Dollars ($15.00).
C. In addition to an import license, each imported Mello-drink product must be registered and approved by the Department and otherwise meet the same requirements and standards as Mello-drink products manufactured in this state.
D. The application for product registration or the import license shall not be approved unless the provisions of this act and the rules, regulations and orders adopted pursuant to the provisions of this act are satisfied.
Laws 1971, c. 96, § 10, operative July 1, 1971. Amended by Laws 1987, c. 206, § 34, operative July 1, 1987; Laws 1987, c. 236, § 20, emerg. eff. July 20, 1987. Renumbered from Title 2, § 7-310 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, § 205, emerg. eff. July 20, 1987.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1301.39. Rules, regulations and orders - Waiver on exports.

A. The Department shall make and enforce all rules, regulations and orders that are necessary to carry out the purposes of this act, to protect the public health and welfare and to prevent deception or confusion among consumers; providing the Department shall not make any rules, regulations, or orders, regarding signs or statements to be used in food establishments, other than those specifically required in this act. The Department shall designate the various Mello-drink products in order to facilitate the adoption and enforcement of rules, regulations and orders.
B. The Board is hereby authorized and directed to establish, by regulations, the sanitary requirements for the processing, manufacturing, distribution and sale of Mello-drink products.
C. Notwithstanding any other provisions of this act to the contrary, the Board may by regulation waive any of the provisions of this act as they may apply to Mello-drink products manufactured for sale and distribution exclusively outside of this state; provided that the regulations contain provisions ensuring that the products will not be made available or sold to consumers in this state.
Laws 1971, c. 96, § 11, operative July 1, 1971. Amended by Laws 1987, c. 206, § 35, operative July 1, 1987; Laws 1987, c. 236, § 21, emerg. eff. July 20, 1987. Renumbered from Title 2, § 7-311 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, § 205, emerg. eff. July 20, 1987.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1301.40. Penalties.

A. Any person violating any provisions of this act or any rule, regulation or order adopted in accordance with its provisions is guilty of a misdemeanor punishable by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each violation or by imprisonment in the county jail for not to exceed ninety (90) days, or both.
B. Upon failure or refusal of a person to comply with the provisions of this act or any rule, regulation or order adopted in accordance with its provisions, the Board or its authorized agent may file an action in the district court to restrain and enjoin the person from engaging in further acts violating the provisions of this act or any rule, regulation or order. The court shall proceed as in other actions for injunctions. Any person found to be in contempt of an injunctive order of the court shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or be imprisoned in the county jail for not to exceed ninety (90) days, or both, with each day constituting a separate contempt.
Laws 1971, c. 96, § 14, operative July 1, 1971. Renumbered from Title 2, § 7-314 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, § 205, emerg. eff. July 20, 1987.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1301.41. Deposit of funds.

All monies received by the Department for any purpose under this act shall be deposited to the Milk Inspection Revolving Fund.
Laws 1971, c. 96, § 15, operative July 1, 1971. Amended by Laws 1987, c. 206, § 36, operative July 1, 1987; Laws 1987, c. 236, § 22, emerg. eff. July 20, 1987. Renumbered from Title 2, § 7-315 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, § 205, emerg. eff. July 20, 1987.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1331. Beekeepers - Exemptions from regulation and inspection.

A. Beekeepers with annual production of less than five hundred (500) gallons who do not qualify for the exemption provided in Section 5-4.3 of Title 2 of the Oklahoma Statutes shall be exempt from regulation and inspection by the State Department of Health for the manufacture, sale, and distribution of honey and honeycomb products in Oklahoma if they meet the following requirements:
1. The beekeeper shall only sell or distribute honey or honeycomb produced from hives located wholly within this state which are owned and managed by the beekeeper;
2. The honey, honeycomb, or combination thereof is raw and not blended with other products or otherwise adulterated. The honey may be in liquid or solid form or a combination of the two;
3. The honey or honeycomb shall be sold in-person or by a designated agent of the beekeeper to the end-use customer, or online by the beekeeper, or distributed in person to the end-use customer by an employee of the beekeeper, or distributed by a carrier, such as a parcel delivery service, to the end-use customer or to a vendor or retail establishment for resale; and
4. Honey products shall be labeled with the common food product name, net weight of the honey, the beekeeper's name, current ten (10) digit phone number, an address where the honey or honeycomb was produced, and shall include the statement, "Bottled or packaged in a facility not inspected by the Oklahoma Department of Health." The statement shall be in 10-point type or greater in a color that provides clear contrast to the background label.
B. No county, municipal corporation, consolidated government, or political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution prohibiting, impeding, or restricting honey sales or distribution in compliance with this law.
Added by Laws 2013, c. 20, § 2, eff. July 1, 2013. Amended by Laws 2021, c. 441, § 7, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1402. Acts prohibited.

The following acts and the causing thereof within the State of Oklahoma are hereby prohibited:
(a) The manufacture, sale, or delivery, holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded.
(b) The adulteration or misbranding of any drug, device, or cosmetic.
(c) The receipt in commerce of any drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.
(d) The dissemination of any false advertisement.
(e) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by Section 1414 of this article.
(f) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the drug, device or cosmetic.
(g) The removal or disposal of a detained or embargoed article in violation of Section 1405 of this article.
(h) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being adulterated or misbranded.
(i) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this article.
Laws 1963, c. 325, art. 14, § 1402.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1403. Injunction.

In addition to the remedies hereinafter provided, the Commissioner is hereby authorized to apply to the district court for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any of the provisions of the preceding sections of this article, irrespective of whether or not there exists an adequate remedy at law.
Laws 1963, c. 325, art. 14, § 1403.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1404. Violations - Penalties - Exemptions.

(a) Any person who violates any of the provisions of Section 1402 of this article shall be guilty of a misdemeanor, and shall on conviction thereof be subject to imprisonment for not more than thirty (30) days, or a fine of not more than One Hundred Dollars ($100.00), or both such imprisonment and fine; but if the violation is committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than six (6) months, or a fine of not more than Five Hundred Dollars ($500.00), or both such imprisonment and fine.
(b) No person shall be subject to the penalties of subsection (a) of this section, for having violated Section 1402(a) or (c) of this article, if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this article, designating this article.
(c) No publisher, radiobroadcast or television licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement, unless he has refused, on the request of the State Commissioner of Health, or his duly-authorized agent, to furnish the Commissioner the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the United States who caused him to disseminate such advertisement.
Laws 1963, c. 325, art. 14, § 1404.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1406. Prosecution for violations.

It shall be the duty of each district attorney to whom the Commissioner of Health reports any violation of this act to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
Laws 1963, c. 325, art. 14, § 1406, operative July 1, 1963; Laws 1992, c. 52, § 2, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1407. Minor violations.

Nothing in this article shall be construed as requiring the State Commissioner of Health to report, for the institution of proceedings under this article, minor violations of this article, whenever the Commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
Laws 1963, c. 325, art. 14, § 1407.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1408. Adulteration of drugs and devices.

A drug or device shall be deemed to be adulterated:
1. If it consists in whole or in part of any filthy, putrid or decomposed substance;
2. If it has been produced, prepared, packed or held under unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health;
3. If it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
4. If it is a drug and it bears or contains, for purposes of coloring only, a coal tar color other than one from a batch certified under the authority of the Federal Food, Drug and Cosmetic Act, 21 U.S.C., Section 301 et seq.;
5. If it purports to be or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium. Such determination as to strength, quality or purity shall be made in accordance with the tests or methods of assay set forth in such compendium, or, in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality or purity therefor set forth in such compendium, if its difference in strength, quality or purity from such standard is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homoeopathic Pharmacopoeia of the United States it shall be subject to the requirements of the United States Pharmacopoeia unless it is labeled and offered for sale as a homoeopathic drug, in which case it shall be subject to the provisions of the Homoeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia;
6. If it is not subject to the provisions of paragraph 2 of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess;
7. If it is a drug and any substance has been:
a.
mixed or packed therewith so as to reduce its quality or strength, or
b.
substituted wholly or in part therefor; or
8. If it is sold or offered for sale and is not lawfully marketed under the federal act for the purpose for which, and in the form in which, it is sold or offered for sale, unless the drug or device has been exempted from the requirements of this paragraph by the Commissioner of Health, or if the drug is compounded by a registered pharmacist pursuant to a prescription by a licensed practitioner.
Laws 1963, c. 325, art. 14, § 1408, operative July 1, 1963; Laws 1992, c. 52, § 3, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1410. Adulteration of cosmetics.

A cosmetic shall be deemed to be adulterated:
(a) if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual. Provided, that this provision shall not apply to coal tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution-This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate directions for such preliminary testing. For the purposes of this paragraph and paragraph (e) the term "hair dye" shall not include eyelash dyes or eyebrow dyes.
(b) if it consists in whole or in part of any filthy, putrid, or decomposed substance.
(c) if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
(d) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(e) if it is not a hair dye and it bears or contains a coal tar color other than one from a batch which has been certified under authority of the Federal Act.
Laws 1963, c. 325, art. 14, § 1410.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1411. Misbranding of cosmetics.

A cosmetic shall be deemed to be misbranded:
(a) if its labeling is false or misleading in any particular.
(b) if in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the State Board of Health.
(c) if any word, statement, or other information required by or under authority of this article to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(d) if its container is so made, formed, or filled as to be misleading.
Laws 1963, c. 325, art. 14, § 1411.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1412. Advertisements - False or misleading.

(a) An advertisement of a drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(b) For the purposes of this article, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstone, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or sexually transmitted infection (STI) shall also be deemed to be false, except that no advertisement not in violation of subsection (a) of this section shall be deemed to be false under this subsection if it is disseminated only to members of the medical, dental, or veterinary professions, or appears only in scientific periodicals of those professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of drugs or devices; provided, that whenever the State Commissioner of Health determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the State Board of Health shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the Board and the Commissioner may deem necessary in the interests of public health; provided, that this subsection shall not be construed as indicating that self-medication for disease other than those named herein is safe or efficacious.
Added by Laws 1963, c. 325, art. 14, § 1412, operative July 1, 1963. Amended by Laws 2011, c. 105, § 35, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1413. Regulations - Hearings - Notice.

(a) The authority to promulgate regulations for the efficient enforcement of this article is hereby vested in the State Board of Health, which is hereby authorized to make regulations promulgated under this article conform, insofar as practicable, with those promulgated under the Federal Act.
(b) Hearings authorized or required by this article shall be conducted by the State Commissioner of Health or such officer, agent, or employee as the Commissioner may designate for the purpose.
(c) Before promulgating any regulations contemplated by Section 1409(d), (e), (f), (g), (h), and (k) or 1412(b), the Board shall give appropriate notice of the proposal and of the time and place for a hearing. The regulation so promulgated shall become effective on a date fixed by the Board (which date shall not be prior to twenty (20) days after its promulgation). Such regulation may be amended or repealed in the same manner as is provided for its adoption, except that in the case of a regulation amending or repealing such regulation the Board, to such extent as it deems necessary in order to prevent undue hardship, may disregard the foregoing provisions regarding notice, hearing or effective date.
Laws 1963, c. 325, art. 14, § 1413.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1414. Inspections.

The State Commissioner of Health or his duly-authorized agent shall have free access at all reasonable hours to any factor, warehouse, or establishment in which drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold such drugs, devices, or cosmetics in commerce, for the purpose: (1) of inspecting such factory, warehouse, establishment, or vehicle to determine if any of the provisions of this article are being violated, and (2) to secure samples or specimens of any drug, device, or cosmetic after paying or offering to pay for such sample. It shall be the duty of the Commissioner to make or cause to be made examination of samples secured under the provisions of this section to determine whether or not any provision of this article is being violated.
Laws 1963, c. 325, art. 14, § 1414.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1415. Publication of reports and information.

(a) The State Commissioner of Health may cause to be published, from time to time, reports summarizing all judgments, decrees, and court orders which have been rendered under this article, including the nature of the charge and the disposition thereof.
(b) The Commissioner may also cause to be disseminated such information regarding drugs, devices, and cosmetics as the Commissioner deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the Commissioner from collecting, reporting, and illustrating the results of the investigations of the Commissioner.
Laws 1963, c. 325, art. 14, § 1415.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1430. Forced implantation of microchip or permanent mark prohibited.

A. No person, state, county, or local governmental entity or corporate entity may require an individual to undergo the implanting of a microchip or permanent mark of any kind or nature upon the individual.
B. The State Department of Health may impose a fine not to exceed Ten Thousand Dollars ($10,000.00) on any person who violates this act. Each day of continued violation shall constitute a separate offense.
Added by Laws 2008, c. 337, § 1, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1431. Labeling requirements for cannabidiol.

A. Any manufactured product containing cannabidiol, as provided for in Section 2-101 of Title 63 of the Oklahoma Statutes, shall include a label which contains, at a minimum:
1. The country of origin of the cannabidiol; and
2. Whether the cannabidiol is synthetic or natural.
B. The provisions of this section shall not apply to any pharmaceutical product approved by the Food and Drug Administration.
C. Retail sales of industrial hemp and hemp products may be conducted without a license so long as the products and the hemp used in the products were grown and cultivated legally in this state or another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp. The addition of derivatives of hemp, including hemp-derived cannabidiol, to cosmetics, personal care products and products intended for human or animal consumption shall be permitted without a license and shall not be considered an adulteration of such products. Nothing in this section shall exempt any individual or entity from compliance with food safety and licensure laws, rules and regulations as set forth under the Oklahoma Public Health Code.
Added by Laws 2019, c. 352, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1432.2. Definitions.

As used in this act:
1. "Food" means a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption;
2. "Kratom product" means a food product or ingredient containing any part of the leaf of the plant Mitragyna speciosa; and
3. "Vendor" means a person that sells, prepares or maintains kratom products or that advertises, represents or holds itself out as selling, preparing or maintaining kratom products and includes a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home or food or drink company.
Added by Laws 2021, c. 500, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1432.3. Product disclosure by vendor.

A. A vendor that prepares, distributes, sells or exposes for sale a food or product that contains kratom as an ingredient or that is represented to be a kratom product shall disclose on the product label, website, or a quick response (QR) code on the product label linked to a website, the factual basis on which that representation is made.
B. A vendor shall not prepare, distribute, sell or expose for sale a food or ingredient that contains kratom as an ingredient or that is represented to be a kratom product that does not conform to the disclosure required by this section.
Added by Laws 2021, c. 500, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1432.4. Prohibited products – Labeling requirements – Distribution to minors prohibited – Test results.

A. A vendor shall not prepare, distribute, sell or expose for sale any of the following:
1. A kratom product that is adulterated with a nonkratom substance. A kratom product is adulterated with a nonkratom substance if the kratom product is mixed or packed with a nonkratom substance and that substance affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer;
2. A kratom product that is contaminated with a dangerous nonkratom substance. A kratom product is contaminated with a dangerous nonkratom substance if the kratom product contains a substance that is not safe for human consumption;
3. A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent (2%) of the alkaloid composition of the product;
4. A kratom product containing any synthetic alkaloid including synthetic mitragynine, synthetic 7-hydroxymitragynine or any other synthetically derived compounds of the kratom plant; or
5. A kratom product containing any controlled substance listed in the Uniform Controlled Dangerous Substances Act, unless the product is compounded by a licensed pharmacist with the controlled substance dispensed in accordance with a valid prescription.
B. Kratom products shall be accompanied by a label, or a quick response (QR) code on the product label linked to a website, bearing the following information prior to its sale in this state:
1. A list of the ingredients, which shall include the common or usual name of each ingredient used in the manufacture of the product, listed in descending order of predominance;
2. That the sale or transfer of kratom to a person under eighteen (18) years of age is prohibited;
3. The amount of mitragynine and 7-hydroxymitragynine contained in the product;
4. The amount of mitragynine and 7-hydroxymitragynine contained in packaging for the product;
5. The name and the principal street address of the vendor or the person responsible for distributing the product;
6. The suggested use of the product; and
7. Any precautionary statements as to the safety and effectiveness of the product.
C. A vendor may not distribute, sell or expose for sale a kratom product to an individual under eighteen (18) years of age.
D. Upon request by the State Department of Health, the vendor shall provide test results from a United States-based testing facility to confirm the items listed on the product label.
Added by Laws 2021, c. 500, § 4, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1432.5. Violations - Penalties.

A. The owner or manager of a vendor who violates any of the provisions of Section 3 or 4 of this act shall be punished by an administrative penalty of not more than Five Hundred Dollars ($500.00) for a first offense and not more than One Thousand Dollars ($1,000.00) for a second offense. Upon a third offense, the vendor shall be prohibited from selling kratom products for a period of three (3) years. If the State Department of Health receives a complaint that the owner or manager of a vendor is selling kratom products during the period of suspension, then the State Department of Health shall forward the information to the applicable district attorney's office. If the owner or manager of a vendor commits such violation during the three-year period, the person shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in a county jail for a term of not more than one (1) year, or by a fine of not more than Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment.
B. A person aggrieved by a violation of Section 3 or 4 of this act may bring a cause of action in a court of competent jurisdiction for damages resulting from that violation including, but not limited to, economic, noneconomic or consequential damages.
C. A vendor does not violate the provisions of Section 3 or 4 of this act if the court finds by a preponderance of the evidence that the vendor relied in good faith on the representation of a manufacturer, processor, packager or distributor that the food product or dietary ingredient was a kratom product.
Added by Laws 2021, c. 500, § 5, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1450. Legislative findings – Short title.

A. The Legislature hereby finds that:
1. There is, in addition to cosmetic reasons, a growing need for medical micropigmentation in the treatment of clinical conditions or traumas such as cancer, surgery, and burns;
2. Medical micropigmentation is being performed in Oklahoma; and
3. Oklahoma law does not provide sufficient regulation of medical micropigmentation to assure the protection of the public.
Therefore, there is a need to provide legislation to enable the appropriate entities to regulate persons performing medical micropigmentation on the citizens of this state.
B. Sections 1 through 9 of this act shall be known and may be cited as the “Oklahoma Medical Micropigmentation Regulation Act”.
Added by Laws 2001, c. 384, § 1, emerg. eff. June 4, 2001.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1451. Definitions.

As used in the Oklahoma Medical Micropigmentation Regulation Act:
1. “Licensing board” means the Oklahoma State Board of Medical Licensure and Supervision, the State Board of Osteopathic Examiners and/or the Board of Dentistry;
2. “Medical micropigmentation” means a medical procedure in which any color or pigment is applied with a needle or electronic machine:
a.
to produce a permanent mark visible through the skin,
b.
above the jawline and anterior to the ear and frontal hairline including but not limited to application of eyeliner, eye shadow, lips, eyebrows, cheeks, and scars, and/or
c.
for repigmentation of areas involving reconstructive surgery or trauma.
Medical micropigmentation shall not include placing on the body any pictures, images, numbers, signs, letters of the alphabet, or designs. Medical micropigmentation shall not be construed to be included in the definition of tattooing as provided in Section 841 of Title 21 of the Oklahoma Statutes; and
3. “Physician” means a person licensed to practice:
a.
allopathic medicine and surgery by the Oklahoma State Board of Medical Licensure and Supervision pursuant to the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act,
b.
osteopathic medicine by the State Board of Osteopathic Examiners pursuant to the Oklahoma Osteopathic Medicine Act, or
c.
dentistry by the Board of Dentistry pursuant to the State Dental Act.
Added by Laws 2000, c. 142, § 1, emerg. eff. April 28, 2000. Amended by Laws 2000, c. 330, § 1, emerg. eff. June 5, 2000; Laws 2001, c. 384, § 2, emerg. eff. June 4, 2001. Renumbered from § 841.5 of Title 21 by Laws 2001, c. 384, § 12, emerg. eff. June 4, 2001.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1452. Authorized personnel - Supervision.

On and after May 1, 2002, medical micropigmentation may only be performed in a physician’s office by:
1. A physician as defined by the Oklahoma Medical Micropigmentation Regulation Act;
2. A person licensed to practice registered nursing by the Oklahoma Board of Nursing who holds a current certificate issued by the State Commissioner of Health pursuant to the provisions of the Oklahoma Medical Micropigmentation Regulation Act while working under supervision of a physician. The level of supervision shall be determined by the physician in whose office medical micropigmentation is being performed; and
3. A person who holds a current certificate issued by the State Commissioner of Health pursuant to the provisions of the Oklahoma Medical Micropigmentation Regulation Act while working under supervision of a physician. The level of supervision shall be determined by the physician in whose office medical micropigmentation is being performed.
Added by Laws 2001, c. 384, § 3, emerg. eff. June 4, 2001. Amended by Laws 2003, c. 384, § 2, eff. Nov. 1, 2003
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1453. Certification.

A. It shall be unlawful for any person to perform medical micropigmentation or to represent himself or herself as a person authorized to perform medical micropigmentation:
1. Without having first complied with the provisions of the Oklahoma Medical Micropigmentation Regulation Act; or
2. Unless otherwise authorized to perform medical micropigmentation pursuant to the Oklahoma Medical Micropigmentation Regulation Act.
B. The State Board of Health, giving consideration to the recommendations of the Consumer Protection Licensing Advisory Council created in Section 44 of this act, shall promulgate rules to implement the provisions of the Oklahoma Medical Micropigmentation Regulation Act. The rules shall include rules of practice for medical micropigmentation training requirements and the establishment of criteria for the certification of persons authorized to perform medical micropigmentation.
C. The State Board of Medical Licensure and Supervision, the State Board of Osteopathic Examiners and the Board of Dentistry may each promulgate rules relating to the performance of micropigmentation in physician offices by those physicians subject to their licensing authority. Such rules shall comply with the Oklahoma Medical Micropigmentation Regulation Act.
Added by Laws 2001, c. 384, § 4, emerg. eff. June 4, 2001. Amended by Laws 2013, c. 229, § 62, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1454. Restrictions for certification - Application.

A. On and after May 1, 2002, except for a physician, any person intending to perform medical micropigmentation in this state shall first be certified by the State Department of Health.
B. The State Commissioner of Health shall not issue a certificate or renew a certificate to perform medical micropigmentation to a person who has:
1. Been convicted of or pled guilty or nolo contendere to a felony crime that substantially relates to the practice of medical micropigmentation and poses a reasonable threat to public safety;
2. Been determined to have engaged in unprofessional conduct as defined by the rules promulgated by the State Board of Health;
3. Made a materially false or fraudulent statement in an application or other document relating to certification pursuant to the provisions of the Oklahoma Medical Micropigmentation Regulation Act; or
4. Had a health-related license, certificate, or permit suspended, revoked or not renewed or had any other disciplinary action taken, or had an application for a health-related license, certificate, or permit refused by a federal, state, territory, or District of Columbia regulatory authority for intentionally falsifying information.
C. In order to qualify for certification, an applicant shall:
1. Have received a high school diploma or its equivalent;
2. Be at least twenty-one (21) years of age; and
3. Have submitted a completed application to the Department in such form as required by the Department which shall include a notarized copy of:
a.
the certificate of birth of the applicant,
b.
the applicant's driver license or other similar form of identification,
c.
other professional credentials, if applicable, and
d.
proof, in such form as the Department determines appropriate, of the satisfactory completion of a program of training and testing approved by the Department as specified in Section 1-1455 of this title.
D. Upon meeting the requirements of the Oklahoma Medical Micropigmentation Regulation Act and rules promulgated pursuant thereto, the State Commissioner of Health shall issue a certificate to perform medical micropigmentation to the applicant.
E. As used in this section:
1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.
Added by Laws 2001, c. 384, § 5, emerg. eff. June 4, 2001. Amended by Laws 2022, c. 192, § 5, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1455. Training and testing - Certification by reciprocity.

A. The State Board of Health, giving consideration to the recommendations of the Consumer Protection Licensing Advisory Council created in Section 44 of this act, and in cooperation with the Oklahoma Department of Career and Technology Education, may adopt a curriculum of required courses and establish by rule the types of courses to be offered. The complete program of instruction approved by the State Board of Health in theory and clinical training shall consist of at least three hundred (300) hours or the equivalent of competency-based instruction.
B. 1. In order to provide the State Department of Health confirmation of each applicant's competency, written theory and clinical tests shall be administered by the Oklahoma Department of Career and Technology Education.
2. Applicants otherwise qualified to practice medical micropigmentation as determined by the State Department of Health pursuant to the Oklahoma Medical Micropigmentation Regulation Act may be certified to perform medical micropigmentation without taking or completing the program of instruction specified by this section if the applicant obtains a passing score for both the written theory and clinical tests. Not later than January 1, 2002, the State Board of Health shall promulgate rules to implement the provisions of this paragraph.
3. The State Board of Health, giving consideration to the recommendations of the Consumer Protection Licensing Advisory Council created in Section 44 of this act, shall set, by rule, a minimum passing score for both written theory and clinical tests.
C. The Oklahoma Department of Career and Technology Education may provide training and shall provide testing programs required by this section for anyone qualified to apply for a certificate pursuant to the provisions of Section 1-1454 of this title. The training and testing programs shall meet the standards established pursuant to the provisions of this section. The State Department of Health may approve training programs that meet the standards established pursuant to the provisions of this act.
D. After the initial training program offered pursuant to subsection C of this section, the Oklahoma Department of Career and Technology Education may provide a complete curriculum for the training and testing of applicants for certification as deemed needed by the Oklahoma Department of Career and Technology Education.
E. The State Department of Health may approve applicants for certification by reciprocity. An applicant shall qualify for certification by reciprocity if the applicant:
1. Has qualifications and training comparable to those required under the Oklahoma Medical Micropigmentation Regulation Act;
2. Provides documentation verifying two (2) years of experience and a minimum of two hundred (200) procedures; and
3. Has successfully completed the Oklahoma certification examination.
Added by Laws 2001, c. 384, § 6, emerg. eff. June 4, 2001. Amended by Laws 2003, c. 384, § 3, eff. Nov. 1, 2003; Laws 2013, c. 229, § 63, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1457. Fees - Effective period for certification.

A. Certificates to perform medical micropigmentation shall be valid for one (1) year from the date of issuance.
B. Fees for certification to perform medical micropigmentation as promulgated by the State Board of Health shall not exceed:
Application for Certification
$500.00
Annual Renewal of Certification
$100.00
Reinstatement of Certification
$375.00
Replacement of Certificate
$125.00
C. The State Board of Health shall make recommendations to the Legislature as to the proper and necessary fees for the regulation of the performance of medical micropigmentation pursuant to the Oklahoma Medical Micropigmentation Regulation Act.
D. All fees collected pursuant to the provisions of this section shall be deposited in the Public Health Special Fund and shall be used in implementing the provisions of the Oklahoma Medical Micropigmentation Regulation Act. Excess funds shall be available to the State Department of Health for expenditures pursuant to Section 1-107 of Title 63 of the Oklahoma Statutes.
E. Every person holding a current certificate to perform medical micropigmentation shall display the certificate in a conspicuous place in the area where medical micropigmentation is being performed.
Added by Laws 2001, c. 384, § 8, emerg. eff. June 4, 2001. Amended by Laws 2006, c. 141, § 4, eff. Nov. 1, 2006.