{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1118","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1118","heading":"Food establishment license - Exemptions - Fee-exempt","body":"license - Sanitation standards.\n\nA. It shall be unlawful for any person to operate or maintain\n\nany establishment, stationary or otherwise, where food or drink is\n\noffered for sale, or sold, to the public, unless the person is the\n\nholder of a food establishment license issued for such purpose by\n\nthe State Commissioner of Health or designee. A mobile food vendor\n\nthat seeks to operate in a county that is governed by a city-county\n\nhealth department shall obtain a food establishment license from the\n\nlocal authority. This food establishment license shall be\n\nrecognized by the State Commissioner of Health and all local\n\nauthorities as a state food establishment license for purposes of\n\nthis title. A food establishment license shall permit the mobile\n\nfood vendor to operate in any local authority's jurisdiction upon\n\nthe local authority's recognition of the license, the issuance of\n\nany relevant local license, and the vendor's compliance with all\n\nother municipal provisions not in conflict with this act. A food\n\nestablishment license shall not be required for:\n\n1. A produce stand that offers only whole, uncut and\n\nunprocessed fresh fruits, melons, vegetables and legumes and/or\n\nwhole uncracked and unprocessed nuts;\n\n2. A manufacturer, wholesaler or broker of food licensed\n\npursuant to Section 1-1119 of this title;\n\n3. A kitchen in a private home if only food that does not\n\nrequire time and temperature control for safety is prepared for sale\n\nor service at a function such as a nonprofit civic, charitable or\n\nreligious organization's bake sale;\n\n4. An area where food that is prepared as specified in\n\nparagraph 3 of this subsection is sold or offered for human\n\nconsumption;\n\n5. A private home that receives catered or home-delivered food;\n\n6. A hotel licensed pursuant to Section 1-1201 of this title\n\nwhich provides limited food service in compliance with rules\n\npromulgated by the State Commissioner of Health;\n\n7. A kitchen in a private home or in a bed and breakfast that\n\nprepares and offers food to guests, if the home is owner-occupied,\n\nthe number of available guest bedrooms does not exceed four, and\n\nbreakfast is the only meal offered;\n\n8. A nonprofit civic, charitable or religious organization\n\nusing unpaid individuals to prepare or serve food on its behalf, for\n\noccasional fundraising events sponsored and conducted by the\n\norganization. For the purposes of this paragraph, an \"occasional\n\nfundraising event\" shall be defined as an event that occurs four\n\ntimes a year or less;\n\n9. Day care centers or family day care centers, and all other\n\nchild care facilities as defined and licensed pursuant to the\n\nprovisions of the Oklahoma Child Care Facilities Licensing Act;\n\n10. Nursing facilities and specialized facilities, as defined\n\nin and licensed pursuant to the provisions of the Nursing Home Care\n\nAct, residential care homes as defined by the Residential Care Act,\n\nadult day care centers as defined by the Adult Day Care Act, and\n\nassisted living centers and continuum of care facilities licensed\n\npursuant to the Continuum of Care and Assisted Living Act;\n\n11. Vendors at farmers markets selling frozen meat that is\n\neither kept refrigerated or on ice; and\n\n12. Other establishments exempted from food establishment\n\nlicensure pursuant to state law.\n\nB. Each license shall expire one (1) year following the date of\n\nits issuance. The State Department of Health shall charge and\n\ncollect for each such license an annual fee to be fixed by the State\n\nCommissioner of Health by rule or as provided for in this section.\n\n1. The Commissioner may provide by rule for a fee-exempt\n\nlicense for a food establishment operated by a nonprofit, civic,\n\ncharitable or religious organization that uses unpaid persons to\n\nsell or offer food on a more frequent basis than the occasional\n\nfundraising event. A fee-exempt license shall not expire but shall\nthe State\n\nCommissioner of Health by rule or as provided for in this section.\n\n1. The Commissioner may provide by rule for a fee-exempt\n\nlicense for a food establishment operated by a nonprofit, civic,\n\ncharitable or religious organization that uses unpaid persons to\n\nsell or offer food on a more frequent basis than the occasional\n\nfundraising event. A fee-exempt license shall not expire but shall\n\nremain in full force and effect until affirmatively revoked,\n\nsuspended, annulled or withdrawn by the Department in accordance\n\nwith applicable law.\n\n2. The Commissioner may by rule also provide that licenses for\n\nestablishments serving events of limited duration or operating on a\n\nseasonal basis shall extend only for the term of the event or\n\nseason, and may by rule adjust the fees for such licenses\n\naccordingly.\n\n3. The Commissioner shall provide by rule a three-day license\n\nfor vendors who only sell at farmers markets as defined in 310:257-\n\n1-2 of the Oklahoma Administrative Code or at county fairs.\n\nLicenses for vendors who only sell at farmers markets or county\n\nfairs shall not exceed Fifty Dollars ($50.00). Vendors who do not\n\nsell food and vendors who meet the exceptions provided in subsection\n\nA of this section shall not be required to obtain a three-day\n\nlicense or a food establishment license.\n\n4. The Commissioner shall provide by rule a multiseasonal\n\nlicense for snow cone stands that sell hot beverages in addition to\n\nsnow cones. A snow cone stand that does not sell hot beverages\n\nshall be considered a seasonal food establishment.\n\nC. The State Commissioner of Health shall promulgate reasonable\n\nstandards and rules for sanitation of establishments required to be\n\nlicensed, which shall include the following: buildings, vehicles,\n\nand appurtenances thereto, including plumbing, ventilation and\n\nlighting; construction, cleanliness and bactericidal treatment of\n\nequipment and utensils; cleanliness, wholesomeness, storage and\n\nrefrigeration of food and drink sold or served; cleanliness and\n\nhygiene of personnel; toilet facilities; disposal of waste; water\n\nsupply; and other items deemed necessary to safeguard the health,\n\ncomfort, and safety of customers.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"48ee97ac6789204753afb55dd89791edca8fec30cee45d0421658fc213920363","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1117","next":"us-ok/okla.-stat.-tit.-63-63-1-1118.1"},"notice":"GroundRules: Original legal text. Not legal advice."}