Req. No. 6105 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1032 By: Mize
AS INTRODUCED
An Act relating to public health and safety; amending
Section 1, Chapter 40, O.S.L. 2013, as renumbered by
Section 3, Chapter 85, O.S.L. 2 017 (2 O.S. Supp.
2020, Section 5-4.1), which relates to the Home
Bakery Act of 2013; renaming the Home Baker y Act of
2013; amending Section 2, Chapter 40, O.S.L. 2013, as
amended by Section 1, Chapter 85, O.S.L. 2017, and as
renumbered by Section 4, Chapt er 85, O.S.L. 2017 (2
O.S. Supp. 2020, Section 5 -4.2), which relates to
definitions; defining terms; amending Section 3,
Chapter 40, O.S.L. 2013, as amended by Section 2,
Chapter 85, O.S.L. 2017, and as renumbered by Section
5, Chapter 85, O.S.L. 2017 (2 O .S. Supp. 2020,
Section 5-4.3), which relates to licensing of home
food establishments; exempting certain entities from
licensure and inspection; requiring certain labeling;
amending Section 4, Chapter 40, O.S.L. 2013, as
renumbered by Section 6, Chapter 85, O.S.L. 2017 (2
O.S. Supp. 2020, Section 5 -4.4), which relates to
labeling; clarifying construction of amendments;
amending Section 5, Chapter 40, O.S.L. 2013, as
renumbered by Section 6, Chapter 85, O.S.L. 2017 (2
O.S. Supp. 2020, Section 5 -4.5), which relates to
violations; modifying penalty; amending Section 6,
Chapter 40, O.S.L. 2013, as renumbered by Section 6,
Chapter 85, O.S.L. 2017 (2 O.S. Supp. 2020, Section
5-4.6), which relates to county ordinances; updating
term; prohibiting certain impediment s and
restrictions; amending Section 2, Chapter 20, O.S.L.
2013 (63 O.S. Supp. 2020, Section 1 -1331), which
relates to regulation of beekeepers; updating
exemption reference; allowing for distribution; and
providing an effective date .
Req. No. 6105 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 40, O.S.L.
2013, as renumbered by Section 3, Chapter 85, O.S.L. 2017 (2 O.S.
Supp. 2020, Section 5 -4.1), is amended to read as follows:
Section 5-4.1 This act shall be known and may be cited as the
"Home Bakery Act of 2013 Homemade Food Freedom Act ".
SECTION 2. AMENDATORY Section 2, Chapter 40, O.S.L.
2013, as amended by Section 1, Chapter 85, O.S.L. 2017, and as
renumbered by Section 4, Chapter 85, O.S.L. 2017 (2 O.S. Supp. 2020,
Section 5-4.2), is amended to read as follows:
Section 5-4.2 As used in the Home Bakery Act of 2013 Homemade
Food Freedom Act:
1. "Home food establishment " shall mean a business on the
premises of a residence in which prepared homemade food products is
are created for sale or resale ; at farmers markets, on site, at
cooperatives, through membership -based buying clubs or for delivery,
if the business has gross annual sales of prepared food of less than
Twenty Thousand Dollars ($20,000.00). Gross annual sales includes
all sales of prepared food produced by the business at any location;
and
2. "Prepared food" shall mean any baked goods except for
products that contain meat products or fresh fruit
"Delivered" shall mean transferred to the customer, either
immediately upon sale or at a time thereafter;
Req. No. 6105 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. "Homemade food product " shall mean food, including a
beverage, which is produced and, if packaged, packaged at a
residence; provided, however, homema de food product shall not mean
alcoholic beverages or unpasteurized milk;
4. "Nonpotentially hazardous " shall mean food that does not
require time or temperature control for safety to limit the rapid
and progressive growth of infectious or toxigenic micro organisms,
including foods that have a pH level of four and six -tenths (4.6) or
below or a water activity (a w) value of eighty-five one-hundredths
(0.85) or less;
5. "Potentially hazardous " shall mean a food that requires time
or temperature control for s afety to limit infectious or toxigenic
microorganisms and is in a form capable of supporting rapid and
progressive growth of infectious or toxigenic microorganisms;
provided, however, potentially hazardous shall not include foods
that have a pH level of fo ur and six-tenths (4.6) or below or a
water activity (aw) value of eighty-five one-hundredths (0.85) or
less;
6. "Produce" shall mean to prepare a food product by cooking,
baking, drying, mixing, cutting, canning, fermenting, preserving,
dehydrating, growing, raising or other process; and
7. "Producer" shall mean the person who produces a homemade
food product in a home food establishment .
Req. No. 6105 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 3. AMENDATORY Section 3, Chapter 40, O.S.L.
2013, as amended by Section 2, Chapter 85, O.S.L. 2017, and as
renumbered by Section 5, Chapter 85, O.S.L. 2017 (2 O.S. Supp. 2020,
Section 5-4.3), is amended to read as follows:
Section 5-4.3 A. A home food establishment may sell prepared
food on site, by delivery, at a farmers market, throu gh a
cooperative, or through a membership -based buying club. The
Oklahoma Department of Agriculture, Food, and Forestry may
promulgate rules to allow sales at other locations or by other
means.
B. A home food establishment The production and sale of
homemade food products that meet the following conditions shall be
exempt from the all licensing and other requirements of the State
Department of Health and the Oklahoma Department of Agriculture,
Food, and Forestry:
1. Nonpotentially hazardous 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, to the
consumer, provided the third -party vendor displays a
placard where homemade food products are displayed for
Req. No. 6105 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
sale with the following disclosure: "This product was
produced in a private residence that is exempt from
government licensing and i nspection. This product may
contain allergens.";
2. Nonpotentially hazardous 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. Potentially hazardous 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. Potentially hazardous homemade food products shall be
delivered by the producer directly to the consumer;
5. Before a producer produces and sells potentially hazardous
homemade food products, the producer shall complete food safety
training provided by Oklahoma State University Extension, ServSafe
or another provider approved by the Oklahoma Department of
Agriculture, Food, and Forest ry, which shall be available on line and
in-person, shall not exceed eight (8) ho urs, and the fee for which
shall not exceed Fifty Dollars ($50.00). Upon request by the
Req. No. 6105 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Oklahoma Department of Agriculture, Food, and Forestry, a producer
shall provide documentation of completion of the training required
by this paragraph;
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 producer's mailing address or personal
identification number provided by the Oklahoma
Department of Agriculture, Food, and Forestry,
c. a description of the homemade food product,
d. the ingredients of the homemade food products in
descending order of proportion, and
e. legible print stating, "This product was produced in a
private residence that is e xempt from government
licensing and inspection. This product may contain
allergens.";
7. If the homemade food product is packaged and distributed in
interstate commerce, it shall also be labeled in accordance with
federal law; and
8. Homemade food produ cts shall not contain meat, meat
byproducts 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 Inspec tion Act; provided, however, if only
Req. No. 6105 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
poultry products that have passed federal or state inspection in
accordance with Section 381.10(d) of Title 9 of the Code of Federal
Regulations are used, or poultry products are used that are exempted
pursuant to Section 381.10(c) of Title 9 of the Code of Federal
Regulations, and all other exemption requirements of Section
381.10(d) of Title 9 of the Code of Federal Regulations are met,
this prohibition shall not apply .
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, 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 .
C. The Oklahoma Department of Agriculture, Food, and Forestry
may, upon a consumer complaint, request written documentation to
verify the gross annual sales of a home food establishment.
Req. No. 6105 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 4. AMENDATORY Section 4, Chapter 40, O.S.L.
2013, as renumbered by Section 6, Chapter 85, O.S.L. 2017 (2 O.S.
Supp. 2020, Section 5 -4.4), is amended to read as follows:
Section 5-4.4 A home food establishment that sells prepared
food shall affix a labe l that contains the following information:
1. The name and address of the home food establishment;
2. The name of the prepared food; and
3. The following statement printed in at least 10 -point type in
a color that provides a clear contrast to the backgr ound of the
label: "Made in a home food establishment that is not licensed by
the State Department of Health. " Nothing in the Homemade Food
Freedom Act shall be construed to impede the State Department of
Health in any investigation of a reported foodbor ne illness.
SECTION 5. AMENDATORY Section 5, Chapter 40, O.S.L.
2013, as renumbered by Section 6, Chapter 85, O.S.L. 2017 (2 O.S.
Supp. 2020, Section 5 -4.5), is amended to read as follows:
Section 5-4.5 Violation of Section 4 of the Home Bakery Act of
2013 Homemade Food Freedom Act shall be a misdemeanor and shall be
punishable by a fine not exceeding One Hundred Dollars ($100.00).
SECTION 6. AMENDATORY Section 6, Chapter 40, O.S.L.
2013, as renumbered by Section 6, Chapter 85, O.S.L. 2017 (2 O.S.
Supp. 2020, Section 5 -4.6), is amended to read as follows:
Section 5-4.6 Nothing in the Home Bakery Act of 2013 Homemade
Food Freedom Act shall be construed to prevent counties from
Req. No. 6105 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
enacting ordinances regulatin g the operation of home food
establishments, provided such ordinances do not conflict with the
provisions of the Home Bakery Act of 2013 Homemade Food Freedom Act
or impede or restrict the sale of homemade food products in
compliance with the law .
SECTION 7. AMENDATORY Section 2, Chapter 20, O.S.L. 2013
(63 O.S. Supp. 2020, Section 1 -1331), is amended to read as follows:
Section 1-1331. A. Beekeepers with annual production of less
than five hundred (500) gallons who do not qualify for the exemption
provided in Section 5 -4.3 of Title 2 of the Oklahoma Statutes shall
be exempt from regulation and inspection by the State Department of
Health for the manufacture, sale, and distribution of honey and
honeycomb products in Oklahoma if th ey meet the following
requirements:
1. The beekeeper shall only sell or distribute honey or
honeycomb produced from hives located wholly within the State of
Oklahoma this state which are owned and managed by the beekeeper;
2. The honey, honeycomb, or com bination thereof is raw and not
blended with other products or otherwise adulterated. The honey may
be in liquid or solid form or a combination of the two;
3. The honey or honeycomb shall only be sold in-person or by a
designated agent of the beekeeper t o the end-use customer, or online
by the beekeeper, or distributed in person to the end -use customer
at the beekeeper's home, farmer's markets, roadside stands, county
Req. No. 6105 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
fairs, or similar events; by the beekeeper or members of the
beekeeper's immediate family by a designated agent of the beekeeper,
or distributed by a carrier such as a parcel delivery service to the
end-use customer or to a vendor or retail establishment for resale ;
and
4. Honey products shall be labeled with the common food product
name, net weight of the honey, the beekeeper 's name, current ten
(10) digit phone number, an address where the honey or honeycomb was
produced, and shall include the statement, "Bottled or packaged in a
facility not inspected by the Oklahoma Department of Health. " The
statement shall be in 10 -point type or greater in a color that
provides clear contrast to the background label.
B. No county, municipal corporation, consolidated government,
or political subdivision of this state shall adopt or continue in
effect any ordinance, rule, regulation, or resolution prohibiting,
impeding, or restricting honey sales or distribution in compliance
with this law.
SECTION 8. This act shall become effective November 1, 2021.
58-1-6105 AB 01/08 /21