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Oklahoma Cottage Food Laws and Regulations: How to sell your homemade foods in Oklahoma
Oklahoma Cottage Food Laws, Regulations and Facts
Date of the enactment of the Oklahoma cottage food law: The
Home Bakery Act of 2013 became effective November 1, 2013. The
New OK Home Baking Act was passed in October 2017. As of Nov. 1,
2017, home-baked bakery items can be sold off-premises in selected
Bill number 1094 (the Home Bakery Act of 2013) allows Home Food
Establishments to prepare and sell any baked goods except for
products that contain meat products or fresh fruit. Annual sales are
limited to 20,000 USD per year. In 2017, Senate Bill No. 508
allows, as of Nov. 1, 2017, for home-baked bakery items can be sold
off-premises in selected locations. "Prepared foods" can be made for
sale or resale from this "home food establishment."
Oklahoma allows beekeepers to sell honey. The "Oklahoma
Honey Sales Act" (SB 716) went into effect in 2013.
Which foods are subject to the Oklahoma Cottage Food law?
Only food products that are non-potentially hazardous fall into
the cottage food category. The regulation lists the food items
approved as cottage food products.
- baked goods, see prepared foods definition below.
Nothing else other than baked goods is an allowable
cottage food in Oklahoma - that means NO jams, jellies, pickles,
If your food product does not meet the definition of a Cottage
Food, you may still be able to make and sell it commercially,
through a startup approach.
See this page for detailed information about selling foods that do
not meet the Cottage Food definition.
- "home food establishment."- Under the
amendment, one's primary residence (not just a building on one's
property) becomes a non-inspected, "home food establishment."
- "Prepared foods" are intended to be
bakery goods such as breads, pies, scones, cookies, cakes,
brownies, bagels, donuts, tortillas, muffins, tarts, granola,
- "Prepared foods" are not allowed to contain meat
or fresh fruit.
- "Meat" is commonly considered to be a foodstuff,
derived from an animal. The common definition of "meat"
includes beef, pork, lamb, poultry, fish, other seafood and
game animals such as rabbit and venison.
- "Fresh fruit" is any fruit, homegrown or store
purchased that has not been further processed by commercial
methods. Botanically, fruits are seed-bearing structures,
developing from the ovary of a flowering plant. Vegetables
would be all other plant parts such as roots, leaves and
stems. Commercial methods of fruit processing are considered
to be canning, drying or freezing, as conducted by inspected
and licensed food manufacturer(s). Home canning or freezing
of store-purchased or homegrown fruit would not qualify as
Cottage Food Production Operations must label all of their food products properly,
which include the following information on the label of each unit of food product offered or
distributed for sale:
Any "prepared food" sold by a "home food establishment"
must have a label affixed, when possible, to the product containing
the following information:
- Name and address of the home food establishment;
- Name of prepared item;
- The statement: "Made in a home food establishment that is
not licensed by the State Department of Health" in at least a
10-point font, in a color that provides clear contrast to the
background of the label.
If a label is not easily affixed to the packaging of the
bakery item, a free-standing label may be placed by the product or
placed on the receipt.
Where may Cottage Food Production Operations sell the food products?
(or resale) of "prepared foods" can occur at the following venues:
- Farmers markets - According to the Oklahoma State
Department of Health, a "farmers market is defined as a
designated area in which farmers, growers or producers from a
defined region gather on a regularly scheduled basis to sell at
retail non-potentially hazardous farm food products and whole
shell eggs to the public. A portion of the raw food ingredients
used by the individual vendor to produce a product must have
been grown or raised by the vendor.
Note: If a home food
establishment plans to sell at a farmers market, they must
obtain a "Sales Tax Permit." These are required at farmers
- On site (at the home where it is made);
- By phone and internet with delivery occurring ONLY within
the state of Oklahoma;
- Cooperatives (such as the Oklahoma Food Cooperative);
- Membership-based buying clubs (for example a local
"Dessert of the Month Club").
Allowed sales locations do not include sales at retail and grocery
stores, restaurants, bed and breakfasts, or wholesalers;
- Total annual sales: Home bakeries may mot exceed
$20,000 (gross) in annual sales. If you do exceed it, you become subject to the full retail food business requirements.
- Sales tax must be collected on all foods sold.
- Fruit-containing pies, cakes, scones,
etc. are allowed only if they are baked at traditional
temperatures and times. What is not allowed is, for example,
"fresh" pineapple slices placed on an already "baked" pineapple
- Baked goods with meat are not allowed, and
products cannot have fresh fruit added after baking.
- Must be prepared in the kitchen of a private home
for commercial purposes,
- License - Home food processors selling
baked goods that meet the requirements do not require a license;
other Individual vendors wishing to process food, as defined by
Oklahoma Good Manufacturing Practices regulations (Chapter 260),
must obtain a
state food processor's license.
- Must be packaged with a label that clearly states
- the address and contact information of the maker,
- lists all of the ingredients in the product, and.
- discloses that the product was prepared in a home;
- Prohibited foods include foods that
requires time/temperature control for safety to limit pathogenic
microorganism growth or toxin formation, including but not
- refrigerated or frozen products,
- low-acid canned foods,
- dairy products,
- seafood products and
- bottled water,
- No sales to Retail shops, restaurants, stores, etc. - No retail operations may use foods from home bakerts in their
310:257-5-2. Compliance with food law
(a) Food shall be obtained from sources that comply with this Chapter.
(b) Food prepared in a private home shall not be used or offered for human consumption in a food establishment
Beyond the requirements, common sense, good practices and
reducing liability suggests you should do the following.
Testing of pH
It's best to use a pH meter, properly calibrated on the day
used. I use this one, which is reliable and inexpensive.
And this pH meter is really good, but isn't always available.
pH test strips, commonly known as litmus paper, may be used
instead, if the product normally has a pH of 4.0 or lower and the
paper's range includes a pH of 4.6.
Record-keeping is suggested
Keep a written record of every batch of product made for sale,
- Recipe, including procedures and ingredients
- Amount canned and sold
- Baking or Canning date
- Sale dates and locations
- Gross sales receipts
- Results of any pH test
Although inspections are not required, you should consider doing
- Use clean equipment that has been effectively sanitized
prior to use
- Clean work surfaces and then sanitize with bleach water
before and after use
- Keep ingredients separate from other unprocessed foods
- Keep household pets out of the work area
- Keep walls and floors clean
- Have adequate lighting
- Keep window and door screens in good repair to keep insects
- Wash hands frequently while working
- Consider annual testing of water if using a private well
- Allergans: Most state home baking
acts require an "ingredient statement" and/or an "allergen
listing" on the label of the bakery item for sale; but if your
state does not, you should anyway. The eight major food
- crustacean shellfish,
- tree nuts,
- wheat and
- Cross-allergenicity: There are also
ingredients available, even flours, that can cause a
cross-allergenicity. The American Academy of Allergy Asthma &
Immunology explains cross-allergenicity as an allergic reaction
when proteins in one substance are similar to the proteins found
in another substance. For example, consumption of lupine flour
may trigger an allergic reaction to peanuts, and cricket flour
may trigger an allergic reaction to shellfish. Again, providing
such information might be a beneficial marketing tool and help
keep potential consumers safe.
- The 2 Hour/4 Hour Rule - Anyone
wishing to make and sell refrigerated bakery items should
remember to follow the "2 Hour/4 Hour Rule." This is a system
that can be implemented when potentially hazardous foods are out
of temperature control (temperatures greater than 45 degrees
Fahrenheit) during preparation, serving or display for sale. The
rule guidelines are as follows:
- If a potentially hazardous food has been out of
temperature control for 2 hours or less, then it may
continue to be used or be placed back in the refrigerator.
- If a potentially hazardous food has been out of
temperature control for more than 2 hours but less than 4
hours, it needs to be used quickly or discarded.
- If a potentially hazardous food has been out of
temperature control for more than 4 hours, it must be
The New OK Home Baking Act of 2017, Oklahoma Cooperative
Extension Fact Sheets,
You Storing Food Safely?" , FDA,m 2014. Retrieved 12, August
"Cross Reactivity. ". American Academy of Allergy
Asthma & Immunology.Retrieved, 15 October 2017.
"Farmers Market Guidelines." .Oklahoma State Department of
Health Retrieved 14, October 2017.
Baking Act of 2013." ,LegiScan. 2017. Retrieved 10,
"Home Baking Act." ,Tulsa-health.org. Oklahoma
Department of Health. 2013. Retrieved 14, October 2017.
"To refrigerate pumpkin pie - or not?" , Waitrovich,
Beth., Michigan State University. 2013. Retrieved 15, October
Questions? Contact Information:
Oklahoma State Department of Health at (405) 271-5243.