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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 sales 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.

Selling Where can you sell homemade food products?

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.”

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Allowed Foods What food products can you sell from home?

Prohibited Foods

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.

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 How will your home food business be restricted?

Limitations
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?

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 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.”

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?

Department
Department of Agriculture, Food, and Forestry
Contacts

Food Safety Division

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

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 until the passage of the Food Freedom Act in 2021. Oklahoma unsuccessfully tried amending their law in 2014 (SB 1915) and 2015 (SB 696), but successfully amended it in 2017 (SB 508).

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

Oklahoma tried to create a food freedom law in 2020 (SB 1714), but it did not pass.

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