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

1. Commodity producer” means a producer of raw agricultural commodities.

2. Good agricultural practices” (“GAP”) and “good handling practices” (“GHP”) mean the voluntary audit programs bearing those names administered by the U.S. Department of Agriculture.

3. GAP certification” or “GHP certification” means the processes employed by the producer verified under the U. S. Department of Agriculture’s GAP or GHP program.

4. GAP certified equivalent” or “GHP certified equivalent” means a program with annual third-party audits to verify that a participant operates using good agricultural and/or handling practices, which program is either identified in this section or which has been determined to be a GAP or GHP certified equivalent by the commissioner.

5. Raw agricultural commodity” means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing, and which is covered by the U.S. Department of Agriculture Agricultural Marketing Service GAP and GHP Audit Verification Program.

B. Burden of Proof.

1. A commodity producer shall be entitled to a rebuttable presumption that the commodity producer was not negligent when death or injury is proximately caused by the consumption of the producer’s raw agricultural commodity if the producer:

a. Is certified by the U.S. Department of Agriculture Agricultural Marketing Service Good Agricultural Practices and Good Handling Practices Audit Verification Program or other third-party certification program designated by the Commissioner for purposes of this section;

b. Has a written food safety policy that complies with the certification program’s standard and can provide evidence that the producer trains employees on the policy on an annual basis;

c. Has had no formal administrative findings or sanctions or legal judgments entered against the producer during the previous three years based on a claim that the commodity producer’s negligence was the proximate cause of a plaintiff’s death or injury; and

d. Has had no settlement agreements concluding litigation where the settlement exceeded Twenty-Five Thousand Dollars ($25,000.00), or in which the producer admitted liability, during the previous three years based on a claim that the commodity producer’s negligence was the proximate cause of a plaintiff’s death or injury. This presumption may be overcome only by clear and convincing evidence that the commodity producer’s negligence was the proximate cause of the death or injury.

C. The Osage Nation Grown and Certified Seal.

1. Osage Nation Grown and Certified is a voluntary program open to commodity producers of products that are produced, handled, packed, and stored in Osage Nation boundaries.

2. The Osage Nation Principal Chief or his designee shall develop and approve use of all the Osage Nation Grown and Certified Seal.

3. To use the Osage Nation Grown and Certified Seal these requirements must all be met:

a. The product must be produced, handled, packed, and stored by a commodity producer within the Osage Nation boundaries.

b. The individual or entity using the label must have certification for safe food handling practices, evidenced by GAP certification, GHP certification, or a GAP or GHP certified equivalent.

D. GAP and GHP Cost Share Funds.

1. The Osage Nation Principal Chief or his designee may fund a GAP or GHP cost share fund if moneys are available from the Osage Nation government or from any awarded grant programs.

2. The GAP and GHP cost share funds shall be used to pay for seventy-five percent (75%) of a commodity producer’s USDA GAP and GHP audit within Osage Nation boundaries. ONCA 21-40, eff. Apr. 28, 2021.