Title 63, Title 63 — Public Health and Safety

This act may be cited as the "Mello-drink Products Act." Laws 1971, c. 96, § 1, operative July 1, 1971. Renumbered from Title 2, § 7-301 by Laws 1987, c. 206, § 97, operative July 1, 1987; Laws 1987, c. 236, § 205, emerg. eff. July 20, 1987.

It is the legislative intent of this act to enable a purchaser at retail level to distinguish between Mello-drink products and dairy products, by eliminating the deceptive practices in advertising and promoting Mello-drink products in their unaltered state, but it is not intended…

Mello-drink products resemble milk products so closely that they lend themselves readily to substitution for and confusion with such milk products and in many cases cannot be distinguished from milk products by the ordinary consumer. The manufacture, sale, exchange, purveying, tr…

A. Mello-drink products shall not be advertised, displayed for sale or sold in any manner or under any circumstances or conditions likely to mislead, deceive or confuse the public into believing such product is a milk product. B. No wording commonly used or associated with or whi…

A. Mello-drink products shall not be displayed for sale in the same units or counters as used for milk products, unless there is a partition separating said products. In no event shall Mello-drink products be intermixed or commingled with milk products, but shall be separately di…

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 furni…

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. 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 o…

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 Dollar…

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, …

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 vio…

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,…

Exchange. A. There is hereby created the Office of the State Coordinator for Health Information Exchange within the Oklahoma Health Care Authority. B. The Office shall have the power and duty to oversee the state-designated entity for health information exchange, as described und…

– Data exchange by health care providers. A. As used in this section: 1. "Health information exchange" means the electronic movement of health-related information among organizations according to nationally recognized standards for purposes including, but not limited to, payment,…

This act shall be known and may be cited as the "Oklahoma Honey Sales Act". Added by Laws 2013, c. 20, § 1, eff. July 1, 2013.

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, sa…

For the purposes of this article: A. The term "drug" means: 1. Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; 2. Articles intended for use …

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,…

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 …

(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 suc…

(a) Whenever a duly-authorized agent of the State Commissioner of Health finds, or has probable cause to believe, that any drug, device, or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this article, he shall, upon approval and …

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,…

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 th…

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 i…

A drug or device 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 of any prescription drug or device and the packer or …

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 customar…

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 th…

(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, arterioscle…

(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…

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 a…

(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 al…

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 exc…

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. T…

Act. Sections 1 through 5 of this act shall be known and may be cited as the "Oklahoma Kratom Consumer Protection Act". Added by Laws 2021, c. 500, § 1, eff. Nov. 1, 2021.

As used in the Oklahoma Kratom Consumer Protection Act: 1. “Food” means a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption; 2. “Independent testing laboratory” means a laboratory that: a. does not have a direct or indir…

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 web…

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 does not meet the definition for a kratom product pursuant to Section 1-1432.2 of this title; 2. A kratom product t…

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 …

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…

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 proce…

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. 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 Ac…

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 per…

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 require…

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 Annua…

A. Upon receipt of a complaint by a licensing board relating to a violation of the Oklahoma Medical Micropigmentation Regulation Act or any rules promulgated thereto, the licensing board shall cause an investigation to be made. If during the investigation, the licensing board det…

prevention - Agreements. (a) The State Board of Health shall design and provide suitable forms for reporting occupational diseases and illnesses, provide appropriate instructions for their use, and furnish them without charge to all licensed physicians. Such reports shall not be …

Sections 313 through 316 of this act shall be known and may be cited as the Diagnostic X-Ray Facility Act. Added by Laws 1993, c. 145, § 312, eff. July 1, 1993.

As used in the Diagnostic X-Ray Facility Act: 1. "Diagnostic x-ray facility" means the use of an x-ray system(s) by a facility in any procedure that involves irradiation of any part of a human or animal body for the purpose of diagnosis; and 2. "X-ray system" means an assemblage …

Healing arts practitioners. A. The State Department of Health is hereby designated as the official agency of the State of Oklahoma for all regulatory activities pertaining to health and safety in the use of diagnostic x-ray systems, and shall act as the coordinating agency for th…