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.
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.
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.
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 selling | Shelf-stable foods | Refrigerated foods |
|---|---|---|
| Direct to the customer, in person | Yes | Yes |
| Online or by phone | Yes | Yes |
| Through a store, farmers market, farm stand, buying club, craft fair or flea market | Yes, with a placard | No |
| Delivery by you or your agent | Yes | Only by you, to the customer |
| Shipping with a parcel delivery service | Yes | No |
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.
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
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.
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 →