Okla. Stat. tit. 2, § 2-7-22

Commingling of monies.

A. 1. A dairy farmer from whom milk was purchased by a milk

processor may require the milk processor to establish an escrow

account for the benefit of the dairy farmer for the payment of the

purchase price of milk as specified in paragraph 2 of this

subsection.

2. A dairy farmer may require the milk processor to establish

an escrow account only if:

a. the dairy farmer has not received payment of the

purchase price for the milk and has given written

notice by certified mail, return receipt requested, to

the milk processor within thirty (30) days following

the final date the payment is due, or

b. a payment instrument received by the dairy farmer from

the milk processor has been dishonored and the dairy

farmer has given written notice by certified mail,

return receipt requested, to the milk processor within

fifteen (15) business days after the notice of

dishonor was received.

3. The notice specified by subparagraphs a and b of paragraph 2

of this subsection shall require that an escrow account be

established and that the payment received from the sale of any milk

Oklahoma Statutes - Title 2. Agriculture Page 370

or dairy product as specified in subsection B of this section be

deposited in the escrow account until the dairy farmer has received

full payment of the purchase price for the milk.

B. 1. The milk processor shall deposit a share of all payments

received from the sale of milk or dairy products by the milk

processor which is equal to the amount of the milk sold by the dairy

farmer to the milk processor in proportion to the total amount of

milk purchased for the sale of the milk and dairy products by the

milk processor into the escrow account upon receipt. The payments

shall be deposited in the escrow account until the dairy farmer has

received full payment of the purchase price for the milk.

2. The escrow account shall be a segregated interest bearing

account and shall be established for the benefit of the dairy

farmer. Upon sufficient proof of identification, the escrow account

agent shall promptly pay to the dairy farmer any sum accumulated for

the benefit of the dairy farmer in the escrow account.

C. 1. If any milk processor is required to establish more than

one escrow account by operation of the provisions of this section,

then the monies accruing may all be commingled in a single account.

2. The commingled monies accumulated in the account shall be

distributed to each dairy farmer in the amount due to each.

3. If the commingled monies accumulated in the account are

insufficient to pay all the dairy farmers, the escrow account agent

shall distribute the monies so accumulated in proportion to the

current amount due each.

D. For the purposes of this section, the monies held by the

escrow account agent shall be the property of the dairy farmer, or

dairy farmers if the monies have been commingled, in the current

amount due to each or in proportion to the amount due each.