Oklahoma Cottage Food Law Report
Complete reference for Oklahoma's cottage food law — statute citation, sales cap, allowed products, registration requirements, and a county-by-county directory with health department, planning department, and zoning code links.
Oklahoma Statutes Title 2, Sections 5-4.1 through 5-4.6, Homemade Food Freedom Act (formerly Home Bakery Act of 2013, as amended by HB 1032, eff. November 1, 2021)
Verbatim ExcerptSection 5-4.1 This act shall be known and may be cited as the "Homemade Food Freedom Act". Section 5-4.2 As used in the Homemade Food Freedom Act: 1. "Home food establishment" shall mean a business on the premises of a residence in which prepared homemade food products are created for sale or resale at farmers markets, on site, at cooperatives, through membership-based buying clubs or for delivery, if the business has gross annual sales of prepared food of less than Seventy-five Thousand Dollars ($75,000.00). Gross annual sales includes all sales of prepared food produced by the business at any location; and 2. "Delivered" shall mean transferred to the customer, either immediately upon sale or at a time thereafter; 3. "Homemade food product" shall mean food, including a beverage, which is produced and, if packaged, packaged at a residence; provided, however, homemade food product shall not mean alcoholic beverages or unpasteurized milk or cannabis or marijuana products; 4. "Non-time- or -temperature-controlled for safety" shall mean food that does not require time or temperature control for safety to limit the rapid and progressive growth of infectious or toxigenic microorganisms, including foods that have a pH level of four and six-tenths (4.6) or below or a water activity (aw) of 0.85 or below. Section 5-4.3 A. A home food establishment may sell prepared food on site, by delivery, at a farmers market, through a cooperative, or through a membership-based buying club.
Source: oklahoma.gov/content/dam/ok/en/health/health2/aem-documents/protective-health/consumer-health-services/food-service/HB1032-ENR.pdf →
The Homemade Food Freedom Act covers a broad range of homemade food products including beverages, baked goods, and any food produced and packaged at a residence, provided it is not an alcoholic beverage, unpasteurized milk, or cannabis product. Non-time-or-temperature-controlled-for-safety (non-TCS) foods with pH 4.6 or below or water activity 0.85 or below are fully exempt from licensing. Time-or-temperature-controlled-for-safety (TCS) foods are also allowed but require food safety training.
Alcoholic beverages, unpasteurized milk, and cannabis/marijuana products are expressly prohibited. Foods requiring time or temperature control for safety (TCS foods) require completion of an approved food safety training program before sale.
Home food establishments that sell prepared food must affix a label containing: name of the product, ingredients in descending order by weight, net weight or volume, name and address of the home food establishment, and the statement that the product was produced in a home kitchen that is not inspected by the State Department of Health or the Oklahoma Department of Agriculture, Food, and Forestry.
75000
Freedom (IJ Grade A-)
77
Oklahoma Counties (77)
Cottage food registration usually happens at the county level. Click any county for local zoning, health department, and planning department links.
Where to verify Oklahoma's rules
Data compiled from primary sources. Cottage food laws change — verify with your state agency before relying on this information.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Oklahoma State Department of Healthand your local health department before relying on this data.