Full Statute Name:  Current: Oklahoma Statutes Annotated - Title 2. Agriculture - Chapter 1. Agricultural Code - Article 6. Livestock Diseases (Refs & Annos) - H. Oklahoma Meat Inspection Act Former: Oklahoma Statutes Annotated. Title 63. Public Health and Safety. Chapter 1. Public Health Code. Article 11. Food. D. Horsemeat.

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Primary Citation:  2 Okl. St. Ann. § 6-192 (former repealed, 63 Okl.St.Ann. § 1-1135 - 1139) Country of Origin:  United States Last Checked:  January, 2015
Summary: It shall be unlawful for any person to sell, offer or exhibit for sale, or have in his or her possession with intent to sell, any quantity of horsemeat for human consumption in Oklahoma.
Statute Text: 

 

§ 6-192. Horse meat

A. It shall be unlawful for any person to sell, offer or exhibit for sale, or have in his or her possession with intent to sell, any quantity of horsemeat for human consumption in Oklahoma.

B. It shall be unlawful for any person to transfer the possession of any horsemeat to any other person when the person so transferring knows, or in the exercise of a reasonable discretion should have known, that the person receiving the horsemeat intends to sell it in this state, offer it for sale in this state, exhibit it for sale in this state, or keep it in his possession with intent to sell it for human consumption in this state.

C. No person, firm, or corporation shall sell in this state, transport, offer for sale in this state or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the Board to show the kinds of animals from which they were derived. When required by the Board with respect to establishments at which inspection is maintained under Section 6-181 et seq. of this title, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which cattle, sheep, swine, or goats are slaughtered or their carcasses, parts thereof, meat or meat food products are prepared.

D. The State Commissioner of Health or his or her authorized representative shall have free access to any transport vehicle, factory, warehouse or establishment in which horsemeat or feed suspected of containing horsemeat is transported, manufactured, processed, packed, sold, or prepared for serving to secure, after payment or offer to pay therefor, samples or specimens of such products found therein, to examine any and all sales records, shipping records relating to foods or horsemeat, to embargo any article of food or horsemeat suspected of being in violation of law, and to determine whether any law is being violated.

E. For the purpose of this section:

1. The term “horsemeat” shall mean the meat or flesh of any animal of the equine genus;

2. The term “package” or “container” shall mean the original, properly labeled package or container in which the horsemeat was packaged by the packer or processor at the point of origin; and

3. The term “properly labeled” shall mean a display of written, printed or graphic matter upon the outside package or container, or wrapper if there be one, stating the name and address of the original packer or processor, and in addition thereto shall include the word “horsemeat”. All letters and words of the label shall be legible and of such size as to be easily read and understood by the ordinary individual under customary conditions of purchase and use.

Credits
Laws 1968, c. 63, § 12, emerg. eff. March 19, 1968; Laws 2013, c. 2, § 2, eff. Nov. 1, 2013.

 

§ 6-207. Violations and penalties

(a) Any person, firm, or corporation who violates any provision of the Oklahoma Meat Inspection Act for which no other criminal penalty is provided by this act shall upon conviction be subject to imprisonment for not more than one (1) year, or a fine of not more than One Thousand Dollars ($1,000.00), or both such imprisonment and fine; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in subparagraph (8) of paragraph (j) of Section 6-182 of this title), such person, firm, or corporation shall be subject to imprisonment for not more than three (3) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both; provided, that no person, firm, or corporation shall be subject to penalties under this section for receiving for transportation any article or animal in violation of this act if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish on request of a representative of the Board the name and address of the person from whom he received such article or animal, and copies of all documents, if any there be, pertaining to the delivery of the article or animal to him.

(b) Nothing in this act1 shall be construed as requiring the Board to report for prosecution, or for the institution of legal action or injunction proceedings, minor violations of this act whenever it believes that the public interest will be adequately served by a suitable written notice of warning.

Credits
Laws 1968, c. 63, § 27, emerg. eff. March 19, 1968; Laws 1997, c. 133, § 88, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 26, eff. July 1, 1999.

 

Editor's Note: This section above replaces §§ 1-1135 to 1-1139, repealed by Laws 2013, c. 2, § 3, eff. Nov. 1, 2013

Former Text:

§ 1-1135 Definitions 

(a) The term “horsemeat” shall mean the meat or flesh of any animal of the equine genus.

(b) The term “package” or “container” shall mean the original, properly-labeled package or container in which the horsemeat was packaged by the packer or processor at the point of origin.

(c) The term “properly labeled” shall mean a display of written, printed or graphic matter upon the outside package or container, or wrapper if there be one, stating the name and address of the original packer or processor, and in addition thereto shall include the words “horse meat.” All letters and words of the label shall be legible and of such size as to be easily read and understood by the ordinary individual under customary conditions of purchase and use.

CREDIT(S)

Laws 1963, c. 325, art. 11, § 1135, operative July 1, 1963. 

 

§ 1-1136 Prohibition of Sale of Horsemeat 

It shall be unlawful for any person to sell, offer or exhibit for sale, or have in his possession with intent to sell, any quantity of horsemeat for human consumption.

CREDIT(S)

Laws 1963, c. 325, art. 11, § 1136, operative July 1, 1963.

 

§ 1-1137 Transfer to Person Intending to Sell for Human Consumption

It shall be unlawful for any person to transfer the possession of any horsemeat to any other person when the person so transferring knows, or in the exercise of a reasonable discretion should have known, that the person receiving the horsemeat intends to sell it, offer it for sale, exhibit it for sale, or keep it in his possession with intent to sell it for human consumption.

CREDIT(S)

Laws 1963, c. 325, art. 11, § 1137, operative July 1, 1963. 

 

§ 1-1138 Prima Facie Evidence 

Any of the following facts shall be prima facie evidence that horsemeat was intended to be sold unlawfully for human consumption:

(a) the presence of horsemeat in any quantity in any retail store where the meat of cattle, sheep, swine, or goats is being exhibited or kept for sale, unless such horsemeat be in an unopened, properly-labeled package or container not exceeding five (5) pounds in weight.

(b) the presence of horsemeat in any quantity within the establishment, warehouse, meat locker, meat cooler, or other place of storage or handling of any wholesaler of the meat of cattle, sheep, swine, or goats, unless such horsemeat be in properly-labeled containers as described above.

(c) the presence of horsemeat mixed and commingled with the meat of cattle, sheep, swine, or goats in hamburger, sausage or other processed meat products.

(d) the transportation of processed horsemeat, unless the horsemeat is in individual, properly-labeled packages or containers, not to exceed five (5) pounds in weight.

(e) the presence of horsemeat in, or the delivery or attempted delivery of horsemeat to, any restaurant or cafe.

(f) the presence of horsemeat in, or the delivery or attempted delivery of horsemeat to, any establishment preparing, canning, or processing meat food products from the meat of cattle, sheep, swine, or goats, such as, but not limited to, chili con carne, beef hash, and beef stew.

CREDIT(S)

Laws 1963, c. 325, art. 11, § 1138, operative July 1, 1963.

 

§ 1-1139 State Commissioner of Health-Rights and Powers 

The State Commissioner of Health or his authorized representative shall have free access to any transport vehicle, factory, warehouse or establishment in which horsemeat or feed suspected of containing horsemeat is transported, manufactured, processed, packed, sold, or prepared for serving to secure, after payment or offer to pay therefor, samples or specimens of such products found therein, to examine any and all sales records, shipping records relating to foods and/or horsemeat, to embargo any article of food and/or horsemeat suspected of being in violation of law, and to determine whether any law is being violated.

CREDIT(S)

Laws 1963, c. 325, art. 11, § 1139, operative July 1, 1963.

 

 

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