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

1. Food” means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

2. Pesticide residue” means any pesticide chemical which is added to food.

3. Pesticide chemical” and “raw agricultural commodity” shall have the same meanings as under the Federal Food, Drug, and Cosmetic Act.

B. Pesticide Tolerances.

1. Food shall not contain unapproved pesticide residues that exceed provisions specified in 40 CFR Part 180, Tolerances for Pesticides in Food.

2. The Osage Nation Department of Natural Resources, whenever public health or other considerations within the reservation so require, is authorized to adopt, amend, or repeal regulations pursuant to the Administrative Procedures Act, Title 15, Section 2-801 et seq., whether or not in accordance with regulations promulgated under the federal act prescribing therein.

C. Penalties.

1. Any person who violates a provision of this section shall be imprisoned for not more than one year or fined not more than One Thousand Dollars ($1,000.00), or both.

2. Notwithstanding the provisions of paragraph (C)(1) of this section, if any person commits such a violation after a conviction under this section has become final, or commits such a violation with the intent to defraud or mislead, such person shall be imprisoned for not more than three years or fined not more than Ten Thousand Dollars ($10,000.00), or both. ONCA 21-40, eff. Apr. 28, 2021.