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cottage food community


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.


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


Sales are limited to $20,000 per year


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


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


Health Dept. page says ‘no fresh fruit’. Has that been amended to allow bananas, zucchini, etc? If not. I’m guessing canned and dried fruits are ok?

    Which page are you looking at? An amendment was proposed which would have removed the confusing “fresh fruit” language, but it didn’t pass. My interpretation is that you can add fresh, canned, or dried fruit before baking. They just don’t want cut fresh fruit garnishing baked goods.

    We spoke to our local health department and they didn’t mention anything to us about dried fruits. I know one of the big things is no fresh strawberries or chocolate covered strawberries. These are absolutely not allowed. Very risky to sell these and then post them on facebook.

    I’m not sure if a tax id is required, but if it is, there would definitely be paperwork. You should contact the OK Tax Commission to learn more.

    If you are selling to the public in Oklahoma, it is required to have a state sales tax ID. I went through this in November of last year when we were preparing to open. During the process we were told we could not sell anything until all the paperwork went through the approval process and we had our ID in hand. We have to submit our sales tax online by the 20th of each month. There is also a 6 month probationary period where if you miss filing your sales tax, your tax ID can be revoked.

I did not see any information on jellies and jams. What are the requirements for selling these from home? Do you need licensing?

Samples. So I bake cupcakes from home, but can I offer Free samples at craft fairs etc where I set up to promote my business? What about tastings? A local town is doing a food tasting and has invited me to provide cupcakes for the tasting, there is no charge to the customer therefore no one is buying or selling anything. thanks ;)

    Samples probably aren’t technically allowed outside of your home, but I’m not sure about that. You can call the health dept if you want to make sure it’s okay.

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:

    Yes, you need a state sales tax ID. We were told we had to have this in hand before selling anything from our bakery. They will provide all the necessary information to you during setup – regarding the tax rates in your area.

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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