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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1032 By: Mize, Davis and Bennett
COMMITTEE SUBSTITUTE
An Act relating to public health and saf ety; amending
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), which relates to the Home
Bakery Act of 2013; renaming the Home Bakery 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, Chapter 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 c ertain 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. 2 013, 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 impediments and
restrictions; amending Section 2, Chapter 20, O.S.L.
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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.
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, C hapter 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 Se ction 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) One Hundred Twenty-five
Thousand Dollars ($125,000.00) . Gross annual sales includes all
sales of prepared food pro duced by the business at any location; and
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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;
3. "Homemade food product" shall mean food, including a
beverage, which is produced and, if packaged, packaged at a
residence; provided, however, homemade food product shall not mean
alcoholic beverages or unpasteurized milk or cannabis or marijuana
products;
4. "Non-time- or temperature-controlled for safety" shall mean
food that does not require time or temperature control for safety to
limit the rapid and progressive growth of infectious or toxigenic
microorganisms, including foods that have a pH lev el of four and
six-tenths (4.6) or below or a water activity (aw) value of eighty -
five one-hundredths (0.85) or less;
5. "Time- or temperature-controlled for safety" shall mean a
food that requires time or temperature control for safety 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, time - or temperature-controlled
for safety shall not include foods that have a pH level of four and
six-tenths (4.6) or below or a water activity (aw) value of eighty -
five one-hundredths (0.85) or less;
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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 .
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, through 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. Non-time- or temperature-controlled-for-safety homemade food
products shall be sold:
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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;
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4. Time- or temperature-controlled-for-safety homemade food
products shall be delivered by the producer directly to the
consumer;
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 provid ers,
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 Departm ent of
Agriculture, Food, and Forestry shall make the list of approved
training available on its website by the effective date of this act;
6. The following information shall be provided to the consumer
in the format required by subsection B of this secti on:
a. the name and phone number of the producer,
b. the physical address where the product was produced or,
upon a producer's request for safety, personal
identification number provided by the Oklahoma
Department of Agriculture, Food, and Forestry for a f ee
of Twenty-five Dollars ($25.00),
c. a description of the homemade food product,
d. the ingredients of the homemade food product in
descending order of proportion,
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e. a statement indicating the presence of any of the eight
most common allergens, includi ng 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 byproducts or meat food products as defined by Section 301.2 of
Title 9 of the Code of Federal Regula tions 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 leas t 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;
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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. 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.
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 label 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 background of the
label: "Made in a home food establishment that is not licensed by
the State Department of Healt h." Nothing in the Homemade Food
Freedom Act shall be construed to impede the State Department of
Health in any investigation of a reported foodborne illness.
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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)
Three Hundred Dollars ($300.00) .
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
enacting ordinances regulating 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 Sta tutes shall
be exempt from regulation and inspection by the State Department of
Health for the manufacture, sale, and distribution of honey and
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honeycomb products in Oklahoma if they meet the following
requirements:
1. The beekeeper shall only sell or dis tribute 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 combination thereof is raw and not
blended with other products or otherwise adu lterated. 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 to 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
fairs, or similar events; by the beekeeper or members of the
beekeeper's immediate family by an employee of the beekeeper, or
distributed by a carrier, such as a pa rcel 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.
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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 restrictin g honey sales or distribution in compliance
with this law.
SECTION 8. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
02/24/2021 - DO PASS, As Amended and Coauthored.