{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-5-4.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-5-4.3","heading":"Conditions for exemption from licensing and other","body":"requirements.\n\nA. The production and sale of homemade food products that meet\n\nthe following conditions shall be exempt from all licensing and\n\nother requirements of the State Department of Health and the\n\nOklahoma Department of Agriculture, Food, and Forestry:\n\n1. Non-time- or -temperature-controlled-for-safety homemade\n\nfood products shall be sold:\n\na. by the producer directly to the consumer, either in\n\nperson or by remote means, including, but not limited\n\nto, the Internet or telephone, or\n\nb. by a producer's designated agent or a third-party\n\nvendor, such as a retail or grocery store, farm, farm\n\nstand, farmers market, membership-based buying club,\n\ncraft fair or flea market, to the consumer; provided,\n\nthe third-party vendor displays a placard where\n\nhomemade food products are displayed for sale with the\n\nfollowing disclosure: \"This product was produced in a\n\nprivate residence that is exempt from government\n\nlicensing and inspection. This product may contain\n\nallergens.\";\n\n2. Non-time- or -temperature-controlled-for-safety homemade\n\nfood products shall be delivered:\n\na. by the producer or producer's designated agent\n\ndirectly to the consumer or third-party vendor, or\n\nb. by a third-party vendor or a third-party carrier, such\n\nas a parcel delivery service, to the consumer or a\n\nthird-party vendor;\n\n3. Time- or temperature-controlled-for-safety homemade food\n\nproducts shall be sold by the producer directly to the consumer,\n\neither in person or by remote means, including, but not limited to,\n\nthe Internet or telephone;\n\n4. Time- or temperature-controlled-for-safety homemade food\n\nproducts shall be delivered by the producer directly to the\n\nconsumer;\n\n5. Before a producer produces and sells time- or temperature-\n\ncontrolled-for-safety homemade food products, the producer shall\n\ncomplete and pass food safety training from a list of providers,\n\nincluding the ServSafe Food Handler Training, approved by the\n\nOklahoma Department of Agriculture, Food, and Forestry. The food\n\nsafety training shall be available to complete online and shall not\n\nexceed eight (8) hours in length. The Oklahoma Department of\n\nAgriculture, Food, and Forestry shall make the list of approved\n\ntraining available on its website by November 1, 2021;\n\n6. The following information shall be provided to the consumer\n\nin the format required by subsection B of this section:\n\na. the name and phone number of the producer,\n\nb. the physical address where the product was produced,\n\nc. a description of the homemade food product,\n\nd. the ingredients of the homemade food product in\n\ndescending order of proportion,\n\ne. a statement indicating the presence of any of the\n\neight most common allergens, including milk, eggs,\n\npeanuts, tree nuts, soy and wheat, and\n\nf. legible print stating, \"This product was produced in a\n\nprivate residence that is exempt from government\n\nlicensing and inspection.\";\n\n7. If the homemade food product is packaged and distributed in\n\ninterstate commerce, it shall also be sold and labeled in accordance\n\nwith federal law; and\n\n8. Homemade food products shall not contain seafood or meat,\n\nmeat by-products or meat food products as defined by Section 301.2\n\nof Title 9 of the Code of Federal Regulations or poultry, poultry\n\nproducts or poultry food products as defined for purposes of the\n\nfederal Poultry Products Inspection Act.\n\nB. The information required by paragraph 6 of subsection A of\n\nthis section shall be provided in a legible format of at least 10-\n\npoint font, in the following manner:\n\n1. On a label affixed to the package if the homemade food\n\nproduct is packaged;\n\n2. On a label affixed to a container, if the homemade food\n\nproduct is offered for sale from a bulk container directly to the\n\nconsumer;\n\n3. On a placard displayed at the point of sale, and on a card\n\nor other item that is made available to the consumer and is readily\n\ncarriable if the homemade food product is not packaged; and\nbel affixed to the package if the homemade food\n\nproduct is packaged;\n\n2. On a label affixed to a container, if the homemade food\n\nproduct is offered for sale from a bulk container directly to the\n\nconsumer;\n\n3. On a placard displayed at the point of sale, and on a card\n\nor other item that is made available to the consumer and is readily\n\ncarriable if the homemade food product is not packaged; and\n\n4. Displayed on the webpage from which the homemade food\n\nproduct is offered for sale if it is sold on the Internet; provided,\n\nthat each item sold over the Internet shall be properly labeled or\n\nshall have a label included in the shipping container.\n\nC. A homemade food product producer may obtain a registration\n\nnumber upon the payment of an annual fee of Fifteen Dollars ($15.00)\n\nto the Oklahoma Department of Agriculture, Food, and Forestry that\n\nis good for one (1) year from the date of its issue. The assigned\n\nregistration number may be used on product labels instead of the\n\nproducer's name, phone number, and the physical address of the\n\nlocation where the homemade food product was produced.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"05ad2bca9d7b88ed04b883a37f71fd9d67b8554bcb4440f3d1b6767f627da9a5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-5-4.2","next":"us-ok/okla.-stat.-tit.-2-2-5-4.4"},"notice":"GroundRules: Original legal text. Not legal advice."}
