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A. This section shall apply to shippers, receivers, loaders, and carriers engaged in transportation operations of food.

B. The United States Department of Health and Human Services (HHS) and Food and Drug Administration’s (FDA) 2017 Food Code (Food Code) Sections 1-201, 3-202.11 and accompanying annex, including such chapters, appendices, annexes and comprehensive HHS/ FDA Food Code amendments that may be amended and published from time to time shall be the governing law of the Osage Nation.

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.