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A. Definitions. For purposes of this section, the following definitions shall apply:

1. Agricultural worker” means a person involved in the growing or harvesting of a food crop.

2. Contamination” means the presence of harmful chemicals and microorganisms in food, which can cause consumer illness.

3. Farmer” means a person who owns or operates a commercial agricultural enterprise within the territory of the Osage Nation as defined in Article II, Section 1of the Osage Nation Constitution.

4. Mitigation procedures” means actions taken to reduce the risk of contamination including but not limited to fences and noisemakers.

5. Sale” means to exchange for money.

B. Food and Harvest Safety Plan.

1. A farmer must have a food and harvest safety plan.

2. The plan must demonstrate at a minimum the methods adopted by the farmer to reduce potential food crop contamination sources as described in subsections (B)(3) and (4) of this section.

3. In the harvest safety plan, the farmer must describe the methods used to reduce the risk of soil contamination, including:

a. The prevention of persons and animals from entering or moving through a wet field, including the use of any mitigation procedures;

b. The procedure for cleaning food contact surfaces and materials used during growing or harvesting of the crop;

c. The procedure for avoiding contact with soil or other contaminants;

d. The removal of soil or other substances from harvested food products as soon as practicable; and

e. The procedure for handling food products that have been dropped on the ground during harvest.

4. In the harvest safety plan, the farmer must describe the methods to reduce the risk of contamination from animals including:

a. The prevention of wild and domesticated animals from entering the food crop fields while the crops are growing;

b. The process of examining a field to determine whether an animal has entered and contaminated a food crop field, prior to harvesting the crop; and

c. The removal and destruction of potentially contaminated food products if signs of animal intrusion are detected.

5. Agricultural Worker Hygiene.

a. The farmer shall maintain clean hand-washing stations, restroom facilities, storage and transportation bins, modes of transportation and a separate designated area for eating, breaks, smoking, and personal item storage for all agricultural workers. Hand-washing stations must include hot and cold running water, soap, and sanitary towels. Toilets and hand-washing facilities must provide for the sanitary disposal of waste and towels that will not cause a nuisance or contaminate the crop fields.

b. All agricultural workers or others entering a field must wash his or her hands prior to entering the field, and upon exiting the field.

c. All agricultural workers or others entering a field must be wearing clean clothes prior to entering the field.

d. All agricultural workers must be regularly trained on and follow proper hand-washing techniques and proper hygiene before entering the field.

e. Any agricultural worker who has an illness or disease that is communicable through food must not work in the field for the duration of the illness.

6. In the harvest safety plan, the farmer must describe the methods used to prevent potential contamination under this section. including all training provided to agricultural workers.

7. In the harvest safety plan, the farmer must describe the methods used to reduce the risk of contamination, including:

a. The process for cleaning and sanitizing all tractors and other equipment used in manure application and incorporation prior to entering a new field;

b. The process for cleaning and sanitizing all bins and other equipment and the process for storing, covering, and protecting the clean items in a dry location that is at least six inches above the floor; and

c. The storage of harvested food products at the proper temperatures and in a manner that protects the food products from potential contamination. ONCA 21-40, eff. Apr. 28, 2021.