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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

Hi, I am considering starting a cake business. If I have a commercial kitchen attached to my home but can’t enter it through my house, I have to go outside and unlock the door, my question is can I sell my goods outside of my home at markets and can they be delivered if this is an Oklahoma licensed and inspected kitchen.

I have read almost every comment on this page but some are dated awhile back so I want to make sure it still applies.. I can’t sell my home baked cookies that are labeled and made properly at a craft show or event? And if I wanted to… What are the steps to do so? Can I just use a commercial kitchen?

After reading all applicable House and Senate bills, what and how to sell, labeling and inspection requirements, application-registration-licensing fees (whether these would be annual or other was overlooked in all bills), correct me if I am wrong, but it appears the only Cottage Food products currently allowed [in Oklahoma] is honey and baked goods as specified. No pickled eggs, beets, chow-chow, salsa, jellies nor jams; no shelf stable home canned goods period. As I understand it, the Cottage Food Law has enacted severe limits, forcing us to become licensed food vendors if we want to continue to sell our homemade canned and baked goods at crafts fairs and other type events as well as, certain baked goods being the exception, from our own yard stands. The only thing I can see that the new law did was to further regulate and restrict, as they did to crafters such as myself, the home based cottage industry. The law now makes it illegal for me to make my apple, pecan and sweet potatoe pies, cheesecakes, pecan-praline and blackberry liquor syrups for people wanting these-unless what I make I give away free. This law makes it illegal for the neighbor who sells a little of the meat from rabbits and chickens raised and vegetables grown to off set cost of same, making it more economical to feed his family good food,
It would seem the more people try to move toward being more self supporting, self reliant, self sustaining, health conscience about the the food they eat (wanting no Gmo, additives, to know where and how what they eat is grown, raised and made) by shifting back to the old ways of doing some things, the harder legislators are making it, unless the ‘Piper’ is first paid. Several years ago, it was said that the home based Cottage Industry was the last untapped frontier of financial gain for all levels of government. They started with hand crafters. How many crafters do you now see set up at fairs, festivals and other events compared to ten years ago? Now ‘they’ have moved to the Cottage Food Industry.
With all that the Cottage Food Law specified it neglected to address issues (as were imposed on crafters) such as charging sales tax, paying ‘self employed’ income taxes on that up to $20,000., how they will know if you make more than $20,000. and what happens if you make more that prescribed. Nor was provided what fines and/or jail time would be imposed for the selling of an illegal pineapple upside-down cake.

    Your understanding of what this law allows is correct. However, it did not make non-baked goods illegal to sell… all of those items were very much illegal to sell before this law existed. In fact, before this law, it was illegal to sell any kind of homemade food for personal profit, as has been the case for at least a few decades across the states. These cottage food laws are an initial step back in the direction towards the times when people could freely sell their homemade food. Since the mid-to-late 1900s, food has been a highly regulated industry, and this law loosens that regulation a little bit.

    Just spoke to a gentleman at the Oklahoma state Health department, and jams, jellies, fresh sliced, or custards are not permitted in the cottage food law act. Hope this help you out too!

I’m confused on how this law allows for marketing; can you market online as long as the sale takes place at your home? Can you deliver your baked goods locally or does that negate the “from your home” clause? Thanks for your help!!

    You should be able to advertise in any way, including online. My understanding is that all sales need to be made at your home, and that you can’t deliver, unfortunately. You can try contacting your health dept to confirm that.

This may be a little off topic but do you have any information (or point me in the right diretion) on selling goats milk and cheese from home?

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