Okla. Stat. tit. 63, § 63-1-1118.1

A. As used in this section:

1. "Unattended food establishment" means an operation that

provides packaged foods or whole fruit using an automated payment

system and has controlled entry not accessible by the general

public. An unattended food establishment shall not be considered a

food establishment as used in Section 1-1118 of Title 63 of the

Oklahoma Statutes; and

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2. "Controlled entry" means selective restriction or limitation

of access to a place or location.

B. The State Department of Health shall create a permit for

unattended food establishments and establish criteria and a

procedure for approval or denial of such permits. No unattended

food establishment shall operate until the establishment has

obtained a permit.

C. The unattended food establishment shall be located in the

interior of a building that is not accessible by the general public.

Access to the establishment shall be limited to a defined

population, including but not limited to employees or occupants of

the building where the establishment is located.

D. 1. Only commercially packaged foods properly labeled for

individual retail sale, which meet the definition of "packaged and

labeled" under Section 3-201.11(C) of the Food and Drug

Administration (FDA) Food Code, shall be offered.

2. No unpackaged food shall be permitted except as provided by

Section 3-302.11(B)(1) of the FDA Food Code.

3. Food shall be such that preparation by consumers is limited

to heating or reheating food in a microwave oven.

4. No bulk food may be offered for sale.

5. Beverages may be dispensed by individual serving only.

E. An unattended food establishment shall be equipped with

refrigeration or freezer units that have the following features:

1. Self-closing doors that allow food to be viewed without

opening the door to the refrigerated cooler or freezer; and

2. Automatic self-locking mechanism that prevents the consumer

from accessing the food upon the occurrence of any condition that

results in the failure of the refrigeration unit to maintain the

internal product temperature specified under Section 3-501.16(A) of

the FDA Food Code; or

3. Freezer unit to maintain the product frozen, if the

establishment contains frozen food.

F. 1. Multi-use, food-contact surfaces shall be cleaned on the

frequency consistent with the service under Section 4-202.11 of the

FDA Food Code, or shall be easily removable and replaced with

cleaned surfaces.

2. No multi-use food-contact surfaces shall be used for foods

that require time and temperature control for safety (TCS).

G. 1. a. An unattended food establishment shall provide

continuous video surveillance of areas where consumers

view, select, handle and purchase products that

provides sufficient resolution to identify situations

that may compromise food safety or food defense.

b. Video surveillance recordings shall be maintained and

made available for inspection upon request by a

representative of the State Department of Health or

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another applicable regulatory agency within twenty-

four (24) hours of such request.

c. Video surveillance recordings shall be held by the

establishment for a minimum of fourteen (14) calendar

days after the date of the surveillance.

2. The permit holder shall take reasonable steps necessary to

discourage individuals from returning food or beverages that have

not been selected for purchase.

H. 1. The permit holder shall service the unattended food

establishment on a scheduled basis and at a frequency acceptable to

the State Department of Health. Service may include, but is not

limited to, the following:

a. checking food supplies and equipment for signs of

product damage and tampering,

b. verifying refrigeration equipment is operating

properly, including the temperature display and self-

locking mechanism,
service the unattended food

establishment on a scheduled basis and at a frequency acceptable to

the State Department of Health. Service may include, but is not

limited to, the following:

a. checking food supplies and equipment for signs of

product damage and tampering,

b. verifying refrigeration equipment is operating

properly, including the temperature display and self-

locking mechanism,

c. rotating foods to better ensure first-in/first-out of

food items,

d. cleaning food service equipment and food display

areas,

e. stocking food and disposable single-use and single-

service supplies, and

f. checking inventory for recalled foods.

2. The permit holder shall ensure that:

a. food is from an approved source,

b. packaged food is provided in tamper-evident packaging,

c. food is protected from potential sources of cross-

contamination, and

d. food is maintained at safe temperatures during

transport and display.

I. The unattended food establishment shall have a sign readily

visible at the automated payment station stating:

1. The name and mailing address of the business entity

responsible for the establishment and to whom complaints and

comments should be addressed; and

2. The telephone, email or web information for the responsible

business entity, when applicable.

J. The permit holder bears all responsibilities for the

operation of the unattended food establishment. If the permit

holder is not the owner or operator of the building where the food

establishment is located, a mutual agreement may be approved by the

State Department of Health that outlines the responsibilities for

cleaning and maintenance of all surfaces and equipment, provision of

supportive facilities or services such as janitorial and restroom

facilities, pest control and removal of solid waste. This agreement

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shall also outline what actions must be taken by both parties to

maintain the establishment in compliance with all requirements.

K. The State Department of Health shall establish an annual fee

structure for unattended food establishments, not to exceed One

Hundred Fifty Dollars ($150.00) per location.

L. An unattended food establishment shall obtain an Oklahoma

sales tax permit prior to conducting any sales, and shall collect

and remit state sales tax as provided for in the Sales Tax Code.

M. The State Commissioner of Health shall promulgate such rules

as are necessary to implement the provisions of this section.