Oklahoma Can you legally sell food from home in Oklahoma?

Cottage Food Law

For many years, Oklahoma had one of the most restrictive cottage food laws in the United States.

However, in 2021, Oklahoma replaced their cottage food law with the Homemade Food Freedom Act (HB 1032), and it is now one of the best laws in the country!

Under the food freedom law, producers can sell their homemade non-perishable food products almost anywhere, including selling through grocery and retail stores. Even interstate sales are allowed.

Producers can also sell certain perishable foods, but they must take a food safety course and deliver those products in-person.

There is a $75,000 sales limit, and a producer does not need to get a permit from the ag department. The food freedom law specifically prevents state and local governments from restricting home food producers.

Table of Contents

Selling Allowed Foods Limitations Business Labeling Resources Forum

Selling Where can you sell homemade food products?

Allowed Venues

Events Farmers markets Home Online Retail stores Roadside stands

Allowed Services

Delivery Home Pickup Mail order Wholesale

You cannot sell perishable products at retail stores, or via wholesale. You also cannot ship perishable products. Perishable products must be delivered by you in-person.

If you sell non-perishable products through a third-party vendor, such as a retail or grocery store, you must display a placard next to your product which states: “This product was produced in a private residence that is exempt from government licensing and inspection. This product may contain allergens.”

Allowed Foods What food products can you sell from home?

Candy

Brittles Buttercream frosting Candies Chocolate Cotton candy Fudge Truffles

Condiments

Honey Ketchup Mustards Nut butters Oils Pickles Salsas Sauces Syrups Vinegars

Dry goods

Cereals Coffee beans Dried fruit Dried vegetables Herbs Mixes Pasta noodles Spices & Seasonings Tea leaves

Other

Carbonated drinks Extracts Fermented foods Frozen produce Hardboiled whole eggs Juices

Pastries

Churros Cones Danish Empanadas & Tamales Other Pastries Pies

Preserves

Acidified foods Applesauce Chutneys Fruit butters Jams & jellies Low-acid canned foods Marmalades Other Preserves

Snacks

Candied apples Caramel corn Chocolate-covered fruit Chocolate-covered items Crackers & Pretzels Fruit leathers Granola Kettle corn Marshmallows Nuts & seeds Popcorn Vegetable chips

Prohibited Foods

Meat jerkies

There are probably more prohibited foods, but the ones above have been confirmed

You can sell anything except:

Products containing meat, poultry, seafood, meat by-products, unpasteurized milk, cannabis, or marijuana
Alcoholic beverages

You cannot sell perishable products at retail stores, or via wholesale. You also cannot ship perishable products. Perishable products must be delivered by you in-person.

Limitations How will your home food business be restricted?

Limitations

Commercial kitchen prohibited Primary residence Sales limit

There may be more limitations, but the ones above have been confirmed

Sales are limited to $75,000 per year

Business What do you need to do to sell food from home?

Food Safety Training

If you want to sell perishable foods, you must take either the ServSafe Food Handler ($15, ~ 2 hours) or ServSafe Food Manager ($179, ~ 8 hours) training course online.

You don’t need to take a food safety training course if you are only selling non-perishable foods.

Labeling How do you label cottage food products?

Label Requirements

Allergens Business address Business name Ingredients Phone number Product name Statement

Sample Label

Chocolate Chip Cookies

"This product was produced in a private residence that is exempt from government licensing and inspection" (10-pt type)

Forrager Cookie Company

123 Chewy Way, Cookietown, OK 73531

Phone: (123) 456-7890

Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)

Contains: milk, eggs, wheat, soy

If you don’t want to put your name, home address, and phone number on your labels, you can register with the ag department for $15/year and get a registration number to put on your labels instead.

If you sell your products online, you must put this labeling information on your website.

If you sell products from a bulk container (not individually pre-packaged and labeled), you must put this labeling information on:

The bulk container
A placard at the point of sale, and
A separate document provided to the customer

Resources Where can you find more information about this law?

Links

Home Food Freedom Act (2 OK ST T. Ch. 1, Art. 5, B–2) Home Food Freedom Act Official Website Oklahoma Food Freedom Facebook Page

Department

Department of Agriculture, Food, and Forestry

Contacts

Department: Department of Agriculture, Food, and Forestry
Telephone: (405) 522-6112

Law Dates

November 2013: HB 1094
November 2017: SB 508
November 2021: HB 1032
November 2024: HB 2975

The Home Bakery Act of 2013 (HB 1094) was Oklahoma’s first cottage food law, which was one of the most restrictive cottage food laws in the United States. Most notably, their law only allowed producers to sell at their home. Oklahoma unsuccessfully tried amending their law in 2014 (SB 1915) and 2015 (SB 696), but successfully amended it in 2017 (SB 508) to also allow sales at farmers markets, as well as delivery of products.

Oklahoma tried to create a food freedom law in 2020 (SB 1714), but it did not pass. However, the Homemade Food Freedom Act passed only a year later. In 2024, the food freedom law was amended to allow producers to avoid putting their home address on labels.

In 2013, Oklahoma enacted the “Oklahoma Honey Sales Act” (SB 716), which allows small-scale honey producers to sell without much regulation. The 2021 Homemade Food Freedom Act largely replaced this law.