{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1001.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1001.6","heading":"Embargo of unlawful bedding","body":"\n\nA. Whenever a duly authorized agent of the State Department of\n\nHealth finds, or has probable cause to believe, that any bedding or\n\nbedding material is in an unsanitary condition, mislabeled, or\n\nunlabeled within the meaning of the Oklahoma Bedding Regulation Act,\n\nor any rule promulgated pursuant thereto, such agent shall affix to\n\nsuch bedding or bedding material a tag or other appropriate marking,\n\ngiving notice that such article is or is suspected of being\n\nunsanitary, mislabeled or unlabeled and has been detained or\n\nembargoed, and warning all persons not to remove or dispose of such\n\nbedding article by sale or otherwise until permission for removal or\n\ndisposal is given by such agent.\n\nB. 1. The Department shall have twenty (20) days from the time\n\nan article is embargoed in which to make a final determination as to\n\nits unsanitary condition or improper labeling. Failure to find the\n\narticle to be in an unsanitary condition, mislabeled or unlabeled\n\nwithin such time shall result in the embargo being lifted. When\n\nsuch agent has found that an article so detained or embargoed is not\n\nin an unsanitary condition or mislabeled, such agent shall remove\n\nthe tag or other marking.\n\n2. When the Department has found an article to be in an\n\nunsanitary condition, mislabeled or unlabeled as provided herein,\n\nthe Department shall immediately file an administrative proceeding\n\nwith the Commissioner of Health for an order for the destruction of\n\nthe embargoed articles. This administrative proceeding shall be\n\nconducted pursuant to Article II of the Administrative Procedures\n\nAct and shall continue the embargo period until further order of the\n\nCommissioner.\n\n3. Any person whose interest is affected adversely by an\n\nembargo imposed under the terms of the Oklahoma Bedding Regulation\n\nAct may intervene in this administrative proceeding and may present\n\nevidence to rebut the Department's determination that such bedding\n\narticles are in an unsanitary condition, mislabeled or unlabeled.\n\nC. 1. Except as otherwise provided by this subsection, if the\n\nCommissioner finds that a detained or embargoed article is in an\n\nunsanitary condition, mislabeled or unlabeled, such article shall,\n\nafter entry of the decree, be destroyed at the expense of the\n\nclaimant thereof, under the supervision of such agent, and all court\n\ncosts and fees, the costs of the supervision by such agent, and\n\nstorage and other proper expenses shall be taxed against the\n\nclaimant of such article or his agent.\n\n2. If the unsanitary, mislabeled or unlabeled bedding or\n\nbedding materials can be corrected by an approved sanitization\n\nprocess or proper labeling of the article, the Commissioner, after\n\nentry of findings that such bedding articles can be properly\n\nsanitized or labeled and after such costs, fees, and expenses have\n\nbeen paid and a good and sufficient bond, conditioned that such\n\narticle shall be so labeled or processed, has been executed, may by\n\norder direct that such article be delivered to the claimant thereof\n\nfor such labeling or processing under the supervision of an agent of\n\nthe Department.\n\n3. The expense of such supervision shall be paid by the\n\nclaimant. Such bond shall be returned to the claimant of the\n\narticle on representation by the Department to the Commissioner that\n\nthe article is no longer in violation of the Oklahoma Bedding\n\nRegulation Act, or any rule promulgated pursuant to the provisions\n\nof the Oklahoma Bedding Regulation Act, and that the expenses of\n\nsuch supervision have been paid.\n\n4. Any final order of the Commissioner of Health may be\n\nappealed to the district court in Oklahoma County pursuant to\n\nArticle II of the Administrative Procedures Act.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"76744dcd2290ade89607cecbada1127f085db1971f441e2f4773bfa3ff187650","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1001.5","next":"us-ok/okla.-stat.-tit.-63-63-1-1001.7"},"notice":"GroundRules: Original legal text. Not legal advice."}