Oklahoma cottage food law
Oklahoma lets home kitchens sell homemade foods with gross annual sales under $75,000. Foods that do not need time or temperature control can go through shops and carriers; foods that need it require approved training and direct sales.
Checked against the law
The rules at a glance
Homemade Food Freedom Act
Unattended honesty stand?
Not addressedThe law doesn't mention unattended, self-serve or honor-system stands.
Sign up with the state?
OptionalRegistration is optional. A $15 registration number can replace your name and address on labels.
Source
The production and sale of homemade food products that meet the following conditions shall be exempt from all licensing and other requirements of the State Department of Health and the Oklahoma Department of Agriculture, Food, and Forestry
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)A homemade food product producer may obtain a registration number upon the payment of an annual fee of Fifteen Dollars ($15.00)
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)The assigned registration number may be used on product labels instead of the producer's name, phone number, and the physical address of the location where the homemade food product was produced
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)
Food safety class?
SometimesRequired before selling foods that need time or temperature control.
Source
Before a producer produces and sells time- or temperaturecontrolled-for-safety homemade food products, the producer shall complete and pass food safety training from a list of providers, including the ServSafe Food Handler Training, approved by the Oklahoma Department of Agriculture, Food, and Forestry
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)
Kitchen inspection?
SometimesExempt from licensing, but health officials can investigate a reported illness.
Source
Nothing in the Homemade Food Freedom Act shall be construed to impede the State Department of Health in any investigation of a reported foodborne illness
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)
Yearly sales limit
$75,000 a yearGross annual sales under $75,000, from any location.
Source
if the business has gross annual sales of prepared food of less than Seventy-five Thousand Dollars ($75,000.00)
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)Gross annual sales includes all sales of prepared food produced by the business at any location
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)
Foods that need a fridge?
SometimesFoods needing time or temperature control are allowed after approved training.
Source
Time- or temperature-controlled-for-safety homemade food products shall be sold by the producer directly to the consumer, either in person or by remote means, including, but not limited to, the Internet or telephone
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)Before a producer produces and sells time- or temperaturecontrolled-for-safety homemade food products, the producer shall complete and pass food safety training from a list of providers, including the ServSafe Food Handler Training, approved by the Oklahoma Department of Agriculture, Food, and Forestry
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)
Take orders online?
YesSales by internet or telephone are allowed.
Source
by the producer directly to the consumer, either in person or by remote means, including, but not limited to, the Internet or telephone
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)
Ship or mail orders?
SometimesFoods that do not need time or temperature control can go by parcel carrier; others must be delivered by you.
Source
by a third-party vendor or a third-party carrier, such as a parcel delivery service, to the consumer or a third-party vendor
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)Time- or temperature-controlled-for-safety homemade food products shall be delivered by the producer directly to the consumer
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)
Sell through shops?
SometimesFoods that do not need time or temperature control can go through shops; others only direct.
Source
by a producer's designated agent or a third-party vendor, such as a retail or grocery store, farm, farm stand, farmers market, membership-based buying club, craft fair or flea market, to the consumer
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)Time- or temperature-controlled-for-safety homemade food products shall be sold by the producer directly to the consumer, either in person or by remote means, including, but not limited to, the Internet or telephone
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)
What goes on the label
Required wording
This product was produced in a private residence that is exempt from government licensing and inspection.
At least 10-point type. Put it on the label, placard or web page.
Source
This product was produced in a private residence that is exempt from government licensing and inspection
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)
The label also shows
- The producer's name and phone number
- The physical address where the food was produced
- A description of the food
- Ingredients in descending order of proportion
- A statement of the eight most common allergens
Source
the name and phone number of the producer
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)the physical address where the product was produced
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)a description of the homemade food product
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)the ingredients of the homemade food product in descending order of proportion
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)a statement indicating the presence of any of the eight most common allergens, including milk, eggs, peanuts, tree nuts, soy and wheat
Oklahoma Statutes, Title 2, Sections 5-4.1 to 5-4.6 (PDF)
Before your first sale
This is general information, not legal advice. Check with the Oklahoma Department of Agriculture, Food and Forestry (ODAFF) before you sell, and again if you add a new food or a new way of selling.
We check these sources every month and update this page when they change.
