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Oklahoma Cottage Food Law

Oklahoma cottage food law, now called the Local Food Freedom Act, lets you make food at home, or at any other place that is not a restaurant, and sell it with no license and no inspection. Keep sales under $250,000 a year, leave out meat, poultry and seafood, and label every package with one exemption sentence. Shelf-stable foods can even be shipped and sold in stores.

Oklahoma cottage food law: map of the United States with Oklahoma highlighted
Sales cap$250,000 a yearGross annual sales of prepared food, counting what your business makes at every location.
License or inspectionNoneExempt from licensing by the State Department of Health and the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF).
RegistrationOptional, $15A yearly ODAFF number you can print in place of your name, phone number and address.
TrainingRefrigerated foodsAn approved food safety course, like ServSafe Food Handler, before you make and sell foods that need time or temperature control.
01

Who the Oklahoma cottage food law covers

House Bill 3720 renamed the Homemade Food Freedom Act to the Local Food Freedom Act and dropped the "home only" rule. A person or a business entity can now produce local food products in a home kitchen, a rented space or a farm building. The one place that never qualifies is a restaurant.

2 O.S. § 5-4.2, as amended by HB 3720A "local food establishment" is a business at any location, including on the premises of a residence but excluding restaurants, with gross annual sales of prepared food of less than $250,000. Gross annual sales include all prepared food the business produces at any location.

You still follow local zoning and building codes. Counties may pass ordinances about local food establishments, as long as they don't conflict with the Act or restrict sales that follow it.

02

Which foods you can sell

Almost anything you cook, bake, dry, can, ferment, dehydrate or mix counts, drinks included. The Act sorts food into two groups. Shelf-stable foods have a pH of 4.6 or below or a water activity of 0.85 or less: think cookies, sourdough, jams, granola and dry rubs. Foods that need "time or temperature control for safety", like cheesecake, cream pies or custard, are allowed too, with tighter rules.

These stay off the list, whatever group they fall in:

  • Meat, meat by-products and meat food products
  • Poultry and poultry products
  • Seafood
  • Alcoholic beverages
  • Unpasteurized milk
  • Cannabis or marijuana products

Not sure which group your recipe falls in? ODAFF recommends having a sample tested at a laboratory for pH and water activity.

03

Where and how you can sell

Oklahoma is one of the most open states for shelf-stable food. Stores, markets and parcel services can all be part of the chain. Refrigerated foods stay between you and your customer.

Way of sellingShelf-stable foodsRefrigerated foods
Direct to the customer, in personYesYes
Online or by phoneYesYes
Through a store, farmers market, farm stand, buying club, craft fair or flea marketYes, with a placardNo
Delivery by you or your agentYesOnly by you, to the customer
Shipping with a parcel delivery serviceYesNo

A store or other third-party vendor that sells your food displays a placard where it is shown: "This product was produced in a facility that is exempt from government licensing and inspection. This product may contain allergens." Sell online and the label details go on the web page too, with a label on each item or in the shipping box.

Packaged food that goes into interstate commerce must also be sold and labeled under federal law.

04

Registration and food safety training

There is no license to apply for. Registration with ODAFF is optional: pay $15 and you get a number that is good for one year from the date it is issued. Print it on your labels and you can leave off your name, phone number and production address.

Training only applies to refrigerated foods. Before you make and sell them, everyone producing the food must complete and pass a course from ODAFF's approved list. It can be done online and takes no more than eight hours. ODAFF lists these options:

  • Oklahoma State University Homemade Food Freedom Act workshops
  • ServSafe Food Handler or ServSafe Food Manager
  • Do it Right, Serve it Safe! Food Employee Permit Training
  • Any other ANSI accredited food handler training
05

Complaints, checks and fines

Nobody inspects your kitchen up front. When a consumer files a complaint, ODAFF can ask for proof of your training, verify your gross sales and check that your labels and deliveries follow the Act. A violation can cost a fine of up to $300.

2 O.S. §§ 5-4.4 and 5-4.5The Act does not stop the State Department of Health from investigating a reported foodborne illness.
06

When you outgrow the Local Food Freedom Act

Hit $250,000 in yearly sales, open a restaurant, or add meat or seafood to the menu, and the exemption ends. Shipping packaged food to other states brings in federal labeling: net quantity, an ingredient list with allergens and, unless an exemption applies, a Nutrition Facts panel.

Nutrition Facts Label Requirements →
The label

What your Oklahoma cottage food label must say

Everything in a legible format of at least 10-point type: on the package, on the bulk container, on a placard plus a take-away card for unpackaged food, or on the web page for online sales.

  1. 1
    Your name and phone number
    Or your ODAFF registration number instead.
  2. 2
    Production address
    The physical address where the food was made, or the registration number.
  3. 3
    A description
    What the food is, like "Pecan sandies" or "Chow chow".
  4. 4
    Ingredients
    All of them, in descending order of proportion.
  5. 5
    Allergens
    A statement naming the major allergens in the food. ODAFF lists all nine, sesame included.
  6. Required statement, word for wordCopy exactlyThis product was produced in a facility that is exempt from government licensing and inspection.
Questions

Oklahoma Cottage Food Law: questions

No. Food made under the Local Food Freedom Act is exempt from licensing by both the State Department of Health and ODAFF. You only need training if you sell foods that need refrigeration.

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