{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1118.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1118.1","heading":"Unattended food establishments – Criteria - Permits","body":"A. As used in this section:\n\n1. \"Unattended food establishment\" means an operation that\n\nprovides packaged foods or whole fruit using an automated payment\n\nsystem and has controlled entry not accessible by the general\n\npublic. An unattended food establishment shall not be considered a\n\nfood establishment as used in Section 1-1118 of Title 63 of the\n\nOklahoma Statutes; and\n\n2. \"Controlled entry\" means selective restriction or limitation\n\nof access to a place or location.\n\nB. The State Department of Health shall create a permit for\n\nunattended food establishments and establish criteria and a\n\nprocedure for approval or denial of such permits. No unattended\n\nfood establishment shall operate until the establishment has\n\nobtained a permit.\n\nC. The unattended food establishment shall be located in the\n\ninterior of a building that is not accessible by the general public.\n\nAccess to the establishment shall be limited to a defined\n\npopulation, including but not limited to employees or occupants of\n\nthe building where the establishment is located.\n\nD. 1. Only commercially packaged foods properly labeled for\n\nindividual retail sale, which meet the definition of \"packaged and\n\nlabeled\" under Section 3-201.11(C) of the Food and Drug\n\nAdministration (FDA) Food Code, shall be offered.\n\n2. No unpackaged food shall be permitted except as provided by\n\nSection 3-302.11(B)(1) of the FDA Food Code.\n\n3. Food shall be such that preparation by consumers is limited\n\nto heating or reheating food in a microwave oven.\n\n4. No bulk food may be offered for sale.\n\n5. Beverages may be dispensed by individual serving only.\n\nE. An unattended food establishment shall be equipped with\n\nrefrigeration or freezer units that have the following features:\n\n1. Self-closing doors that allow food to be viewed without\n\nopening the door to the refrigerated cooler or freezer; and\n\n2. Automatic self-locking mechanism that prevents the consumer\n\nfrom accessing the food upon the occurrence of any condition that\n\nresults in the failure of the refrigeration unit to maintain the\n\ninternal product temperature specified under Section 3-501.16(A) of\n\nthe FDA Food Code; or\n\n3. Freezer unit to maintain the product frozen, if the\n\nestablishment contains frozen food.\n\nF. 1. Multi-use, food-contact surfaces shall be cleaned on the\n\nfrequency consistent with the service under Section 4-202.11 of the\n\nFDA Food Code, or shall be easily removable and replaced with\n\ncleaned surfaces.\n\n2. No multi-use food-contact surfaces shall be used for foods\n\nthat require time and temperature control for safety (TCS).\n\nG. 1. a. An unattended food establishment shall provide\n\ncontinuous video surveillance of areas where consumers\n\nview, select, handle and purchase products that\n\nprovides sufficient resolution to identify situations\n\nthat may compromise food safety or food defense.\n\nb. Video surveillance recordings shall be maintained and\n\nmade available for inspection upon request by a\n\nrepresentative of the State Department of Health or\n\nanother applicable regulatory agency within twenty-\n\nfour (24) hours of such request.\n\nc. Video surveillance recordings shall be held by the\n\nestablishment for a minimum of fourteen (14) calendar\n\ndays after the date of the surveillance.\n\n2. The permit holder shall take reasonable steps necessary to\n\ndiscourage individuals from returning food or beverages that have\n\nnot been selected for purchase.\n\nH. 1. The permit holder shall service the unattended food\n\nestablishment on a scheduled basis and at a frequency acceptable to\n\nthe State Department of Health. Service may include, but is not\n\nlimited to, the following:\n\na. checking food supplies and equipment for signs of\n\nproduct damage and tampering,\n\nb. verifying refrigeration equipment is operating\n\nproperly, including the temperature display and self-\n\nlocking mechanism,\nservice the unattended food\n\nestablishment on a scheduled basis and at a frequency acceptable to\n\nthe State Department of Health. Service may include, but is not\n\nlimited to, the following:\n\na. checking food supplies and equipment for signs of\n\nproduct damage and tampering,\n\nb. verifying refrigeration equipment is operating\n\nproperly, including the temperature display and self-\n\nlocking mechanism,\n\nc. rotating foods to better ensure first-in/first-out of\n\nfood items,\n\nd. cleaning food service equipment and food display\n\nareas,\n\ne. stocking food and disposable single-use and single-\n\nservice supplies, and\n\nf. checking inventory for recalled foods.\n\n2. The permit holder shall ensure that:\n\na. food is from an approved source,\n\nb. packaged food is provided in tamper-evident packaging,\n\nc. food is protected from potential sources of cross-\n\ncontamination, and\n\nd. food is maintained at safe temperatures during\n\ntransport and display.\n\nI. The unattended food establishment shall have a sign readily\n\nvisible at the automated payment station stating:\n\n1. The name and mailing address of the business entity\n\nresponsible for the establishment and to whom complaints and\n\ncomments should be addressed; and\n\n2. The telephone, email or web information for the responsible\n\nbusiness entity, when applicable.\n\nJ. The permit holder bears all responsibilities for the\n\noperation of the unattended food establishment. If the permit\n\nholder is not the owner or operator of the building where the food\n\nestablishment is located, a mutual agreement may be approved by the\n\nState Department of Health that outlines the responsibilities for\n\ncleaning and maintenance of all surfaces and equipment, provision of\n\nsupportive facilities or services such as janitorial and restroom\n\nfacilities, pest control and removal of solid waste. This agreement\n\nshall also outline what actions must be taken by both parties to\n\nmaintain the establishment in compliance with all requirements.\n\nK. The State Department of Health shall establish an annual fee\n\nstructure for unattended food establishments, not to exceed One\n\nHundred Fifty Dollars ($150.00) per location.\n\nL. An unattended food establishment shall obtain an Oklahoma\n\nsales tax permit prior to conducting any sales, and shall collect\n\nand remit state sales tax as provided for in the Sales Tax Code.\n\nM. The State Commissioner of Health shall promulgate such rules\n\nas are necessary to implement the provisions of this section.","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":"bf48471cffe0ec3dc4b4498da080f141281b7e1c2c9bff819b3661e8c39faf40","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1118","next":"us-ok/okla.-stat.-tit.-63-63-1-1119"},"notice":"GroundRules: Original legal text. Not legal advice."}