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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

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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’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.

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