Okla. Stat. tit. 2, § 2-5-4.3

requirements.

A. 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:

1. Non-time- or -temperature-controlled-for-safety homemade

food products shall be sold:

a. by the producer directly to the consumer, either in

person or by remote means, including, but not limited

to, the Internet or telephone, or

b. 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; provided,

the third-party vendor displays a placard where

homemade food products are displayed for sale with the

following disclosure: "This product was produced in a

private residence that is exempt from government

licensing and inspection. This product may contain

allergens.";

2. Non-time- or -temperature-controlled-for-safety homemade

food products shall be delivered:

a. by the producer or producer's designated agent

directly to the consumer or third-party vendor, or

b. by a third-party vendor or a third-party carrier, such

as a parcel delivery service, to the consumer or a

third-party vendor;

3. 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;

4. Time- or temperature-controlled-for-safety homemade food

products shall be delivered by the producer directly to the

consumer;

Oklahoma Statutes - Title 2. Agriculture Page 178

5. Before a producer produces and sells time- or temperature-

controlled-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. The food

safety training shall be available to complete online and shall not

exceed eight (8) hours in length. The Oklahoma Department of

Agriculture, Food, and Forestry shall make the list of approved

training available on its website by November 1, 2021;

6. The following information shall be provided to the consumer

in the format required by subsection B of this section:

a. the name and phone number of the producer,

b. the physical address where the product was produced,

c. a description of the homemade food product,

d. the ingredients of the homemade food product in

descending order of proportion,

e. a statement indicating the presence of any of the

eight most common allergens, including milk, eggs,

peanuts, tree nuts, soy and wheat, and

f. legible print stating, "This product was produced in a

private residence that is exempt from government

licensing and inspection.";

7. If the homemade food product is packaged and distributed in

interstate commerce, it shall also be sold and labeled in accordance

with federal law; and

8. Homemade food products shall not contain seafood or meat,

meat by-products or meat food products as defined by Section 301.2

of Title 9 of the Code of Federal Regulations or poultry, poultry

products or poultry food products as defined for purposes of the

federal Poultry Products Inspection Act.

B. The information required by paragraph 6 of subsection A of

this section shall be provided in a legible format of at least 10-

point font, in the following manner:

1. On a label affixed to the package if the homemade food

product is packaged;

2. On a label affixed to a container, if the homemade food

product is offered for sale from a bulk container directly to the

consumer;

3. On a placard displayed at the point of sale, and on a card

or other item that is made available to the consumer and is readily

carriable if the homemade food product is not packaged; and
bel affixed to the package if the homemade food

product is packaged;

2. On a label affixed to a container, if the homemade food

product is offered for sale from a bulk container directly to the

consumer;

3. On a placard displayed at the point of sale, and on a card

or other item that is made available to the consumer and is readily

carriable if the homemade food product is not packaged; and

4. Displayed on the webpage from which the homemade food

product is offered for sale if it is sold on the Internet; provided,

that each item sold over the Internet shall be properly labeled or

shall have a label included in the shipping container.

C. 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. Agriculture Page 179

to the Oklahoma Department of Agriculture, Food, and Forestry that

is good for one (1) year from the date of its issue. 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.