Okla. Stat. tit. 63, § 63-1-1118

license - Sanitation standards.

A. It shall be unlawful for any person to operate or maintain

any establishment, stationary or otherwise, where food or drink is

offered for sale, or sold, to the public, unless the person is the

holder of a food establishment license issued for such purpose by

the State Commissioner of Health or designee. A mobile food vendor

that seeks to operate in a county that is governed by a city-county

health department shall obtain a food establishment license from the

local authority. This food establishment license shall be

recognized by the State Commissioner of Health and all local

authorities as a state food establishment license for purposes of

this title. A food establishment license shall permit the mobile

food vendor to operate in any local authority's jurisdiction upon

the local authority's recognition of the license, the issuance of

any relevant local license, and the vendor's compliance with all

other municipal provisions not in conflict with this act. A food

establishment license shall not be required for:

1. A produce stand that offers only whole, uncut and

unprocessed fresh fruits, melons, vegetables and legumes and/or

whole uncracked and unprocessed nuts;

Oklahoma Statutes - Title 63. Public Health and Safety Page 581

2. A manufacturer, wholesaler or broker of food licensed

pursuant to Section 1-1119 of this title;

3. A kitchen in a private home if only food that does not

require time and temperature control for safety is prepared for sale

or service at a function such as a nonprofit civic, charitable or

religious organization's bake sale;

4. An area where food that is prepared as specified in

paragraph 3 of this subsection is sold or offered for human

consumption;

5. A private home that receives catered or home-delivered food;

6. A hotel licensed pursuant to Section 1-1201 of this title

which provides limited food service in compliance with rules

promulgated by the State Commissioner of Health;

7. A kitchen in a private home or in a bed and breakfast that

prepares and offers food to guests, if the home is owner-occupied,

the number of available guest bedrooms does not exceed four, and

breakfast is the only meal offered;

8. A nonprofit civic, charitable or religious organization

using unpaid individuals to prepare or serve food on its behalf, for

occasional fundraising events sponsored and conducted by the

organization. For the purposes of this paragraph, an "occasional

fundraising event" shall be defined as an event that occurs four

times a year or less;

9. Day care centers or family day care centers, and all other

child care facilities as defined and licensed pursuant to the

provisions of the Oklahoma Child Care Facilities Licensing Act;

10. Nursing facilities and specialized facilities, as defined

in and licensed pursuant to the provisions of the Nursing Home Care

Act, residential care homes as defined by the Residential Care Act,

adult day care centers as defined by the Adult Day Care Act, and

assisted living centers and continuum of care facilities licensed

pursuant to the Continuum of Care and Assisted Living Act;

11. Vendors at farmers markets selling frozen meat that is

either kept refrigerated or on ice; and

12. Other establishments exempted from food establishment

licensure pursuant to state law.

B. Each license shall expire one (1) year following the date of

its issuance. The State Department of Health shall charge and

collect for each such license an annual fee to be fixed by the State

Commissioner of Health by rule or as provided for in this section.

1. The Commissioner may provide by rule for a fee-exempt

license for a food establishment operated by a nonprofit, civic,

charitable or religious organization that uses unpaid persons to

sell or offer food on a more frequent basis than the occasional

fundraising event. A fee-exempt license shall not expire but shall
the State

Commissioner of Health by rule or as provided for in this section.

1. The Commissioner may provide by rule for a fee-exempt

license for a food establishment operated by a nonprofit, civic,

charitable or religious organization that uses unpaid persons to

sell or offer food on a more frequent basis than the occasional

fundraising event. A fee-exempt license shall not expire but shall

remain in full force and effect until affirmatively revoked,

Oklahoma Statutes - Title 63. Public Health and Safety Page 582

suspended, annulled or withdrawn by the Department in accordance

with applicable law.

2. The Commissioner may by rule also provide that licenses for

establishments serving events of limited duration or operating on a

seasonal basis shall extend only for the term of the event or

season, and may by rule adjust the fees for such licenses

accordingly.

3. The Commissioner shall provide by rule a three-day license

for vendors who only sell at farmers markets as defined in 310:257-

1-2 of the Oklahoma Administrative Code or at county fairs.

Licenses for vendors who only sell at farmers markets or county

fairs shall not exceed Fifty Dollars ($50.00). Vendors who do not

sell food and vendors who meet the exceptions provided in subsection

A of this section shall not be required to obtain a three-day

license or a food establishment license.

4. The Commissioner shall provide by rule a multiseasonal

license for snow cone stands that sell hot beverages in addition to

snow cones. A snow cone stand that does not sell hot beverages

shall be considered a seasonal food establishment.

C. The State Commissioner of Health shall promulgate reasonable

standards and rules for sanitation of establishments required to be

licensed, which shall include the following: buildings, vehicles,

and appurtenances thereto, including plumbing, ventilation and

lighting; construction, cleanliness and bactericidal treatment of

equipment and utensils; cleanliness, wholesomeness, storage and

refrigeration of food and drink sold or served; cleanliness and

hygiene of personnel; toilet facilities; disposal of waste; water

supply; and other items deemed necessary to safeguard the health,

comfort, and safety of customers.