§ 5-114. Products requiring additional care (sprouts).
A. This section shall apply to all produce growers that are required to comply with the U.S. Food and Drug Administration’s produce safety rules as provided in 21 CFR §§ 112.1 through 112.6 and 21 U.S.C. § 350h.
B. This section shall not apply to produce growers and fruits and vegetables that are exempt under 21 U.S.C. § 350h and the U.S. Food and Drug Administration’s produce safety rules provided in 21 CFR §§ 112.1 through 112.6.
C. The U.S. Food and Drug Administration regulation of sprouts provided in 21 CFR §§ 112.141, 112.142, 112.143, 112.144, 112.145, 112.146, 112.147, 112.148, and 112.150, as amended from time to time, shall be the governing law of the Osage Nation, with the exception of any exemptions listed in this title.
D. Penalties.
1. Any person who violates a provision of this title 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 (D)(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.