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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 854 By: Dahm
AS INTRODUCED
An Act relating to home food processing; amending
Section 1, Chapter 40, O.S.L. 2013, as renumbered by
Section 3, Chapter 85, O.S.L. 2017 , Sections 2 and 3,
Chapter 40, O.S.L. 2013, as amended by Sections 1 and
2, Chapter 85, O.S.L. 2017, and as renumbered by
Sections 4 and 5, Chapter 85, O.S.L. 2017 and
Sections 4, 5 and 6, Chapter 40, O.S.L . 2013, as
renumbered by Section 6, Chapter 85, O.S.L. 2017 (2
O.S. Supp. 2020, Sections 5-4.1, 5-4.2, 5-4.3, 5-4.4,
5-4.5 and 5-4.6), which relate to the Home Bakery Act
of 2013; creating the Home Processing Act; adding,
modifying and deleting definitions ; adding places
where certain food products can be sold; clarifying
statutory language; adding labeling requirements; 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, 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 Food Processing Act of 2013”.
SECTION 2. AMENDATORY Section 2, Chapter 40, O.S.L .
2013, as amended by Se ction 1, Chapter 85, O.S.L. 2017, and as
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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 Food Processing Act
of 2013:
1. “Department” shall mean the Oklahoma Department of
Agriculture, Food, and Forestry;
2. “Home food establishment ” shall mean a business on the
premises of a reside nce in which prepared non-time/non-temperature
control for safety food is created for sale o r resale at farmers
markets, on site, at cooperatives, through membership -based buying
clubs, at retail establish ments, at restaurants or for delivery, if
the business has gross annual sales of prepared non-time/non-
temperature control for safety food of less than Twenty Thousand
Dollars ($20,000.00) One Hundred Thousand Dollars ($100,000.00) .
Gross annual sales inc ludes 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 pro ducts or fresh fruit 3. “Non-
time/non-temperature control for safety food ” means a food product
that is not time/temperature control for safety food including, but
not limited to, baked goods, jams and jellies, candies, dried mixes,
spices, some sauces an d liquids, pickles and acidified foods ; and
4. “Time/temperature control for safety food ” means a food that
requires time/temperature contr ol for safety to limit pathogenic
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microorganism growth or toxin formation including but not li mited to
refrigerated or frozen products, low -acid canned foods, dairy
products, seafood products, and bottled wa ter, and:
a. time/temperature control for safety food includes an
animal food, meaning a food of ani mal origin, that is
raw or heat-treated, a food of plant origin t hat is
heat-treated or consists of raw seed sprouts, cut
melons, cut leafy greens, cut toma toes or mixtures of
cut tomatoes that are not mod ified in a way so that
they are unable to support p athogenic microorganism
growth or toxic formation, or garlic-in-oil mixtures
that are not modified in a way that results in
mixtures that do not support gro wth or toxin
formulation, and
b. time/temperature control for safety food does not
include an air-cooled hard-boiled egg with shell
intact, or a shell egg that is no t hard-boiled, but
has been treated to destroy all vi able Salmonellae, a
food with a water activity (aw) value of 0.85 or less,
a food with a potential of Hydrogen (pH) level of 4.6
or below when measured at twenty -four degrees Celsius
(24°C) or seventy-five degrees Fahrenheit (75°F), a
food, in an unopened hermetically sealed container,
that is commercially processed to achieve and maintain
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commercial sterility under conditions of non -
refrigerated storage and distribution, a food for
which laboratory evide nce demonstrates that the rapid
and progressive growth of infectious or toxigenic
microorganisms or the growth of S. Enteritidis in eggs
or C. botulinum cannot o ccur, such as a food that has
an aw and a pH that are above the levels id entified in
this definition and that may contain a preservative,
other barrier to the growth of microorganisms, o r a
combination of barriers that inhib it the growth of
microorganisms, or a food that does not suppo rt the
growth of microorganisms, even thoug h the food may
contain an infectious or toxigenic microorganism or
chemical or physical contaminant at a level su fficient
to cause illness.
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. 20 20,
Section 5-4.3), is amended to read as follows:
Section 5-4.3. A. A home food establishment may sell prepared
non-time/non-temperature control for safety food on site, by
delivery, at a farmers market, through a cooperative, at retail
establishments, at restaurants or through a membership-based buying
club. The Oklahoma Department of Agriculture, Food, and Forestry
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may promulgate rules to allow sales at other loc ations or by other
means.
B. A home food establishment shall be exempt from the licensing
and other requirements of the State Department of Health.
C. The Oklahoma Department of Agriculture, Food, and Forestry
may, upon a consumer complaint, request writ ten 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 fol lows:
Section 5-4.4. A home food establishment that sells prepared
non-time/non-temperature control for safety food shall affix a
label, in a format approved by the Food and Drug Administrat ion,
that contains the following inform ation:
1. The name and, address and telephone number or web address of
the home food establishment;
2. The name of the prepared food; and
3. Batch code documentati on with matching records maintained on
file at the home food establishment; and
4. A list of ingredients.
The following statement printed in at least 10 -point type in a
color that provides a clear contr ast to the background of the label:
“Made in a home food establishment that is not licensed by the Stat e
Department of Health. ”
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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 5-4.4 of the Home Bakery
Act of 2013 this title 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 Food Processing Act
of 2013 shall be construed to pre vent counties from ena cting
ordinances regulating th e operation of home food establishments,
provided such ordina nces do not conflict with the provisions of the
Home Bakery Food Processing Act of 2013.
SECTION 7. This act shall become effe ctive November 1, 2021.
58-1-1246 NP 1/21/2021 3:50:23 PM