Okla. Stat. tit. 63, § 63-1-1001.6

Oklahoma Statutes - Title 63. Public Health and Safety Page 562

A. Whenever a duly authorized agent of the State Department of

Health finds, or has probable cause to believe, that any bedding or

bedding material is in an unsanitary condition, mislabeled, or

unlabeled within the meaning of the Oklahoma Bedding Regulation Act,

or any rule promulgated pursuant thereto, such agent shall affix to

such bedding or bedding material a tag or other appropriate marking,

giving notice that such article is or is suspected of being

unsanitary, mislabeled or unlabeled and has been detained or

embargoed, and warning all persons not to remove or dispose of such

bedding article by sale or otherwise until permission for removal or

disposal is given by such agent.

B. 1. The Department shall have twenty (20) days from the time

an article is embargoed in which to make a final determination as to

its unsanitary condition or improper labeling. Failure to find the

article to be in an unsanitary condition, mislabeled or unlabeled

within such time shall result in the embargo being lifted. When

such agent has found that an article so detained or embargoed is not

in an unsanitary condition or mislabeled, such agent shall remove

the tag or other marking.

2. When the Department has found an article to be in an

unsanitary condition, mislabeled or unlabeled as provided herein,

the Department shall immediately file an administrative proceeding

with the Commissioner of Health for an order for the destruction of

the embargoed articles. This administrative proceeding shall be

conducted pursuant to Article II of the Administrative Procedures

Act and shall continue the embargo period until further order of the

Commissioner.

3. Any person whose interest is affected adversely by an

embargo imposed under the terms of the Oklahoma Bedding Regulation

Act may intervene in this administrative proceeding and may present

evidence to rebut the Department's determination that such bedding

articles are in an unsanitary condition, mislabeled or unlabeled.

C. 1. Except as otherwise provided by this subsection, if the

Commissioner finds that a detained or embargoed article is in an

unsanitary condition, mislabeled or unlabeled, such article shall,

after entry of the decree, be destroyed at the expense of the

claimant thereof, under the supervision of such agent, and all court

costs and fees, the costs of the supervision by such agent, and

storage and other proper expenses shall be taxed against the

claimant of such article or his agent.

2. If the unsanitary, mislabeled or unlabeled bedding or

bedding materials can be corrected by an approved sanitization

process or proper labeling of the article, the Commissioner, after

entry of findings that such bedding articles can be properly

sanitized or labeled and after such costs, fees, and expenses have

been paid and a good and sufficient bond, conditioned that such

article shall be so labeled or processed, has been executed, may by

Oklahoma Statutes - Title 63. Public Health and Safety Page 563

order direct that such article be delivered to the claimant thereof

for such labeling or processing under the supervision of an agent of

the Department.

3. The expense of such supervision shall be paid by the

claimant. Such bond shall be returned to the claimant of the

article on representation by the Department to the Commissioner that

the article is no longer in violation of the Oklahoma Bedding

Regulation Act, or any rule promulgated pursuant to the provisions

of the Oklahoma Bedding Regulation Act, and that the expenses of

such supervision have been paid.

4. Any final order of the Commissioner of Health may be

appealed to the district court in Oklahoma County pursuant to

Article II of the Administrative Procedures Act.