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A. Animal” means cattle, sheep, swine, horses, mules, or goats, or other farm-raised animal.

B. Apparently fit grocery product” means a grocery product that meets all quality and labeling standards imposed by Osage Nation, federal, state, and local laws and regulations even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

C. Apparently wholesome food” means food that meets all quality and labeling standards imposed by Osage Nation, federal, state, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

D. Commercial organic material” means food material from any entity that generates more than one ton of those materials for solid waste disposal per week but excludes material from a residence.

E. Donate” means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value.

F. Food” means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.

G. Food material” means material produced from human or animal food production, preparation and consumption activities and which consists of, but is not limited to, fruits, vegetables, grains, and fish and animal products and byproducts.

H. Gleaner” means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner.

I. Grocery product” means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item.

J. Gross negligence” means voluntary and conscious conduct (including a failure to act) by a person who, at the time of the conduct, knew that the conduct was likely to be harmful to the health or well-being of another person.

K. Intentional misconduct” means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person.

L. Nonprofit organization” means an incorporated (either under Osage Nation or other law) or unincorporated entity that is operating for religious, charitable, or educational purposes, and does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity.

M. Person” means any individual, firm, partnership, association, corporation, business or public trust, governmental agency or any political subdivision thereof, municipalities, and any other duly constituted legal entity.

N. Qualified animal operation” means a person, business, nonprofit organization, or other legal entity responsible for the care and feeding of cattle, sheep, swine, horses, mules, or goats, or other farm-raised animals.

O. Qualified fish or wild game” means the meat of any animal typically used for human consumption, where:

1. Such animal is killed in the wild by the individual making the charitable contribution and is hunted or taken in accordance with all Osage Nation food safety laws and regulations;

2. The meat is processed for human consumption by an Osage Nation, federal, or state licensed processor; and

3. The meat is apparently wholesome as determined by regulations under this chapter.

P. Traditional foods” means food that has traditionally been prepared and consumed by the Osage Nation, including but not limited to: wild game meat, fish, other seafood or marine mammals, plants or berries.

Q. Waste of game” means intentionally or negligently destroying or otherwise causing previously comestible wild game to deteriorate into a condition that renders it unsafe for human consumption. ONCA 21-41, eff. Apr. 28, 2021.