Oklahoma Cottage Food Law
Tier: Freedom. Sell almost anything direct to consumer with no sales cap. Often called a 'food freedom' law — local zoning is the main remaining constraint.
75000
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.
Registration: No. Food handler cert: Recommended.
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 →
Oklahoma Cottage Food Law — Full PDF report
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Oklahoma Cottage Food Law — Official Guidance Summary
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- Oklahoma State Department of Healthhttps://oklahoma.gov/content/dam/ok/en/health/health2/aem-documents/protective-health/consumer-health-services/food-service/HB1032-ENR.pdf
Oklahoma's cottage food rules are set by 2 O.S. §5-4.1 through §5-4.6 (Homemade Food Freedom Act). The summary below is drawn from Crosodo's verified statute research and official agency guidance. Always confirm current requirements on the state agency website before you sell.
Program basics
- 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)
- 75000
- No
- Recommended
- No
Allowed products and sales channels
- 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.
- Sales are permitted on site, by delivery, at farmers markets, through cooperatives, and through membership-based buying clubs. The Oklahoma Department of Agriculture, Food, and Forestry may promulgate rules to allow sales at other locations or by other means.
- County ordinances may regulate but may not conflict with or impede the Act. For TCS foods, the producer must complete an approved food safety training (e.g., ServSafe Food Handler Training, max 8 hours, available online) before selling.
Labeling
- 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.
Statute excerpt
- Section 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.
Official sources
- State agency cottage food page: https://oklahoma.gov/health/protective-health/consumer-health-service/food-safety/homemade-food-freedom-act.html
- Statute: https://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=478859
Summarized from official Oklahoma cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.
Oklahoma Counties
77 counties tracked. Pick yours for the local zoning + health department links.
View all 77 counties →City zoning rules in Oklahoma
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
The Cottage Baker's Field Guide (PDF)
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Oklahoma cottage food law — FAQ
Do I need a license or permit to sell homemade food in Oklahoma?
Yes — No. Food handler certification: Recommended.
What foods can I sell under the Oklahoma cottage food law?
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.
Is there a sales cap for cottage food in Oklahoma?
75000
How good is Oklahoma's cottage food law?
Oklahoma is a Freedom-tier cottage food state by Crosodo's rating criteria. Sell almost anything direct to consumer with no sales cap. Often called a 'food freedom' law — local zoning is the main remaining constraint.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Oklahoma State Department of Health and your local health department before relying on this data.