Current Law Details
Food Freedom state since November 1, 2021 (HB 1032 - Homemade Food Freedom Act). One of only ~5 states allowing INTERSTATE SALES (non-perishables). No permit required. Extensive perishable/TCS foods allowed WITH ServSafe training and in-person delivery. HB 2975 (signed April 19, 2024, effective November 1, 2024) offers optional $15/year registration for PRIVACY - allows registration number instead of personal contact info on labels. Non-perishables can be sold online, shipped in-state and out-of-state, and sold retail/wholesale. Perishables require training and cannot be shipped.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"This product was produced in a private residence that is exempt from government licensing and inspection"
Additional Label Elements
- ✓Product name
- ✓Ingredients list (in descending order by weight)
- ✓Allergen information (must declare major allergens: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame)
- ✓Producer's name (or registration number if enrolled in privacy program)
- ✓Producer's phone number (or registration number if enrolled)
- ✓Physical address where product was made (or registration number if enrolled)
- ✓Net weight or volume
- ✓For online sales: all labeling information must be displayed on webpage where product offered
Allowed Sales Venues
Direct to consumer (in-person), online/internet sales, farmers markets, events/festivals, roadside stands, home-based sales, retail stores (NON-PERISHABLES ONLY), wholesale (NON-PERISHABLES ONLY), interstate sales (NON-PERISHABLES ONLY). PERISHABLES (TCS): Cannot be sold at retail stores, cannot be wholesale, must be delivered in-person by producer.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Allowed
NON-PERISHABLE PRODUCTS: Can be shipped within Oklahoma and to other states where legal (INTERSTATE SALES ALLOWED - one of only ~5 states). PERISHABLE/TCS PRODUCTS: CANNOT be shipped, must be delivered in-person by producer. Same $75,000 annual sales limit applies to both categories combined.
Allowed Foods
NON-PERISHABLE (NTCS - no training): breads/cookies/cakes/pastries/fruit pies, candies/confections/chocolate-covered fruits/caramel corn/marshmallows/fudge, jams/jellies/preserves/marmalades, fruit butters/chutneys, crackers/pretzels/popcorn/kettle corn, granola/nuts/seeds, fruit leathers/vegetable chips, acidified foods/low-acid canned foods, dry mixes (baking mixes, trail mix, tea blends), non-alcoholic beverages (shelf-stable), pickled/fermented foods (if properly acidified). PERISHABLE (TCS - REQUIRES ServSafe training + in-person delivery): cakes with custard filling, custard or meringue pies, cheesecake, pumpkin/sweet potato/pecan pie, sauces/spreads, ice cream, cheese (homemade), cooked pasta, cooked eggs, some processed fruits/vegetables, cooked beans/rice/potatoes, flavored tea/coffee-based beverages (lattes, Thai teas), smoothie-type beverages. Requirements for TCS: must complete food safety training, products must be refrigerated, cannot sell at retail stores or wholesale, cannot be shipped, must be delivered in-person by producer, same $75,000 sales limit. PROHIBITED: meat/meat products, meat by-products (lard, pigskins, ears, feet, homemade lard, homemade broth, homemade tallow), poultry/poultry products, seafood/seafood products, unpasteurized milk/dairy products, cannabis/marijuana products, alcoholic beverages. NOTE: Eggs, milk, dairy products cannot be sold directly but MAY be used as ingredients in allowed products (eggs in cookies, milk in cakes). Many prohibited foods baked/cooked into allowed foods are rendered harmless (non-TCS) and allowed.
Recent Legislative Updates
HB 2975 - Privacy Protection for Producers
Effective: November 1, 2024
Provides optional registration system allowing producers to use registration number instead of personal contact information (name, phone, physical address) on product labels. $15 annual fee (voluntary). Government maintains producer records for food safety traceability. Protects producers from having personal information publicly visible. Addresses safety concerns for home-based entrepreneurs. Co-authors: Rep. Rick West (R-Heavener) and Sen. Warren Hamilton (R-McCurtain).
Interpretation OKFFA-999-0125
Effective: January 2025
Interpretation issued January 2025, requires renewal January 2026. Ongoing implementation guidance for Food Freedom Act.
HB 1032 (Homemade Food Freedom Act)
Effective: November 1, 2021
Replaced restrictive Home Bakery Acts of 2013 and 2017. Made Oklahoma a Food Freedom state. Allows both perishable and non-perishable foods. Permits interstate sales of non-perishables. Considered one of the best cottage food laws in the country. No permit required from Department of Agriculture.
Important Warnings & Notes
- ⚠️Interstate sales allowed for non-perishables (one of only ~5 states: Oklahoma, Pennsylvania, Arkansas, Alabama, North Dakota)
- ⚠️Perishable/TCS foods require ServSafe Food Handler or Food Manager certification
- ⚠️Perishable/TCS foods must be delivered in-person by producer (cannot be shipped)
- ⚠️Perishable/TCS foods cannot be sold at retail stores or wholesale
- ⚠️$75,000 cap applies to both non-perishables and perishables combined
- ⚠️Must collect Oklahoma sales tax on all sales
- ⚠️Meat by-products specifically prohibited (lard, broth, tallow)
- ⚠️Violations can result in fines up to $300
- ⚠️Oklahoma Dept of Agriculture can investigate complaints
- ⚠️HB 2975 privacy registration is OPTIONAL - can still use personal contact info on labels if preferred
- ⚠️Privacy registration allows using number instead of name, phone, AND/OR address (flexible options)
- ⚠️For third-party sales (farmers markets, retail stores): placard must be displayed with required statement
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •Oklahoma State University Extension - Homemade Food Freedom Act Fact Sheet (FAPC-242)
- •Oklahoma Department of Health - Food Freedom Act Policy Letter
- •Oklahoma House of Representatives - HB 2975 Press Release (April 19, 2024)
- •Oklahoma Department of Health - Homemade Food Freedom Act Guidance (Sept 14, 2021)
- •Forrager.com - Oklahoma
- •Institute for Justice - Oklahoma
- •Oklahoma Senate - Cottage Food Laws Overview
- •Oklahoma Local Agriculture Collaborative - HFFA Overview
- •KOSU (NPR Oklahoma) - April 22, 2024
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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