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cottage food community

Oklahoma

Oklahoma passed a cottage food law in 2013 (HB 1094 – The Home Bakery Act of 2013), which is a fairly restrictive law. Producers can only sell certain types of baked goods, and sales are limited to $20,000 per year, but no license from the health department is required.

Unfortunately, producers may only sell at their home. This ruling has caused a lot of controversy because there is not language in the law to back it up, but the health department has taken a firm stand that that is their interpretation of the law.

In addition, the “Oklahoma Honey Sales Act” (SB 716) went into effect in 2013, which allows small-scale honey producers to sell without much regulation.

An amendment bill (SB 696) did not pass in 2015, which would have allowed more types of cottage food businesses and sales venues. However, it was not popular with some people using the current law, as it would have forced them to get trained and submit product labels before continuing their business. A less restrictive version of this bill (SB 1915) also did not pass in 2014. For updates, check out this facebook page.

Selling

Allowed Foods

Baked goods with meat are not allowed, and products cannot have fresh fruit added after baking.

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations

Limitations
Sales are limited to $20,000 per year

Labeling

Sample Label

Chocolate Chip Cookies

"Made in a home food establishment that is not licensed by the State Department of Health"


Forrager Cookie Company

123 Chewy Way, Cookietown, OK 73531

Resources

Law Dates
November 2013
HB 1094
This page was last updated on

Comments

I make cakes from my home, but I don’t want customer in and out of my house. Can I do consultations in a small building I wanted to rent out and still bake from home? if so, the cakes I prepare for them can they pick them up at the building i rent for consultations?

    I’m not sure if that would technically be allowed, but you should ask your health dept — they may allow it. Regardless, you will need to put your home address on your label, as that’s where the food is being produced.

Just wondering, before I do a whole lot of planning, would you be able to sell “Meals in a jar”. Such as (example) Chili. Have all dry ingredients in the jar or vacuumed sealed bag with cooking directions and a list of other ingredients that may be needed (not included in jar or bag) such as(again, example) a 16oz can of tomatoes, 1 lb. of ground beef etc… just in general, foods along this line…Same for cookies in a jar.. just add…eggs etc… Im sure you see where Im going with this. customer does the actual cooking.

Does anyone know if a business license is necessary to sell baked goods from home in oklahoma? I have read this law and understand it, but am having trouble finding out if I need to register anything with the state/charge sales tax, etc.

    There are often local requirements, like a business license, and it requires quite a bit of legwork and investigation on your part to figure out exactly what you need for your area. You don’t need a license or inspection from the health dept, but this should help get you started: http://forrager.com/faq/#starting

Does this law apply to church bazaars that sell baked, canned, and frozen foods that were either prepared at home or at the church to the public in addition to a potato bar at lunch and a traditional Christmas dinner as an evening meal?

    No, it doesn’t apply to those. Non-profit events, like a church bake sale, should be exempt from licensing, but I think that only non-PHF foods can be sold at those events. Some churches are equipped with commercial, inspected kitchens so that they can host any type of food event. You should contact your health dept for specifics about what you’re allowed to do.

I make homemade candies. I understand this must be done in a commerical kitchen for sales. Can my home kitchen become a commerical kitchen? What does it take to do this?
Thank you

    I don’t think a residential kitchen can also be a commercial kitchen, but you can build a separate commercial kitchen in your home. It’s quite expensive and you need specific equipment. You’ll need to work closely with the health dept to get it approved, and then it needs to be continually inspected by them.

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