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Oklahoma Can you legally sell food from home in Oklahoma?

Cottage Food Law

LAW UPDATE

In 2021, Oklahoma passed a new bill (HB 1032), which will go into effect on November 1st, 2021.

This new bill is a massive improvement to Oklahoma’s law! They are going from having one of the worst laws in the country, to having one of the best.

Here are some of the most notable improvements:

  • Instead of only allowing certain types of baked goods, now it will allow almost any kind of non-perishable food, plus some types of perishable ones
  • It will increase the sales limit from $20,000 to $75,000
  • Instead of allowing only sales from home and at farmers markets, now it will allow all direct sales
  • It will also allow shipping and indirect sales of non-perishable foods

The Home Bakery Act of 2013 (HB 1094), which was amended in 2017 (SB 508), is one of the most restrictive cottage food laws in the United States.

Producers can only sell certain types of baked goods, and sales are limited to $20,000 per year. However, unlike most cottage food laws, this law does allow some types of perishable baked goods (like cheesecakes). No license from the ag department is needed, so it is very easy to use this law.

Producers may sell at their home, at farmers markets, through food cooperatives, and through membership-based buying clubs. Some other states allow selling through co-ops and membership clubs, but Oklahoma is the only one to specifically list these venues in their law.

Oklahoma tried to create a food freedom law in 2020 (SB 1714), but it did not pass. For more updates, check out this facebook page.

Selling Where can you sell homemade food products?

In addition to sales from your home and at farmers markets, you can sell through a food cooperative or through a membership-based buying club.

You can sell online, but only for delivery within the state of Oklahoma.

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Allowed Foods What food products can you sell from home?

Only baked goods are allowed. Baked goods with meat are not allowed, and products cannot have fresh fruit added after baking. You can incorporate fruit into thoroughly-baked goods (e.g. blueberry muffins), as long as you don’t use home-canned fruit. Fruit may be used as a garnish if it was commercially canned or dried.

Some types of perishable baked goods are allowed. For instance, cheesecake would be allowed, since it is a baked good and does not contain meat or fresh fruit.

You can sell honey under the Oklahoma Honey Sales Act.

Limitations How will your home food business be restricted?

Limitations
Sales are limited to $20,000 per year

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

Sales Tax Permit

If you sell at a farmers market, you must obtain a Sales Tax Permit, which costs $20 for one farmers market, and $10 for additional farmers markets.

Labeling How do you label cottage food products?

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 Where can you find more information about this law?

Home Bakery Act of 2013Home Baking Act Fact SheetBringing Farm To Market guideOklahoma Baker's Bill Facebook Page

Oklahoma unsuccessfully tried amending their law in 2014 (SB 1915) and 2015 (SB 696).

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

Law Dates
November 2013
HB 1094
November 2017
SB 508

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Comments

Hi I understand no baked goods with fresh fruits and no meat cheese or fish but I’m curious if using canned pumpkin for pumpkin tamamales is allowed no cheese or meat or fish nor fresh fruit is used

I am wanting to start a kombucha and organic home products small business to family and friends and was wondering what steps I need to take to do that? Labeling? Home inspections?

I’ve been looking at the amendments to Oklahoma’s cottage food laws and the Home Baker Act of 2017 in particular, and I have a question. Is a home food establishment required to obtain a sales tax permit and collect sales tax on baked goods? The wording suggests a sales tax permit is needed only if the baker is selling at a farmer’s market, but what if the sales take place out of the home only?
http://pods.dasnr.okstate.edu/docushare/dsweb/Get/Document-9301/FAPC-183web.pdf

I currently sell fresh bread out of my home—local pickup and delivery. I know the new amendment allows for sale at farmers’ markets, etc., but is there any allowance for shipping baked goods?

I am thinking about starting a home coffee roasting business part time. Can this be done under the new ” Home Bakery Act”? Please advise.

Thanks.

    Richard, did you ever get a reply or a response from the state about your coffee roasting question?

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