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ENGROSSED SENATE
BILL NO. 854 By: Dahm and Hamilton of the
Senate
and
Crosswhite Hader of the
House
[ home food processing - Home Bakery Act of 2013 –
Home Food Processing Act - effective date ]
BE IT ENACTED BY THE PEOPLE O F 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
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” means the Oklahoma Department of Agriculture,
Food, and Forestry;
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2. “Home food establishment” shall mean means 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 establishments, 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 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 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 fo r safety food” means a food that
requires time/temperature contr ol for safety to limit pathogenic
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 water, and:
a. time/temperature control for safety food includes an
animal food, meaning a food of animal orig in, that is
raw or heat-treated, a food of plant origin t hat is
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heat-treated or consists of raw seed sprouts, cut
melons, cut leafy gr eens, cut tomatoes or mixtures of
cut tomatoes that are not mod ified in a way so that
they are unable to support pathogenic 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 growth 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 cont ainer,
that is commercially processed to achieve and maintain
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 toxig enic
microorganisms or the growth of S. Enteritidis in eggs
or C. botulinum cannot o ccur, such as a food that has
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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 mic roorganisms, or a
combination of barriers that inhibit the growth of
microorganisms, or a food that does not support the
growth of microorganisms, even thoug h the food may
contain an infectious or toxigenic microorganism or
chemical or physical contaminant at a level sufficient
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 restau rants or through a membership-based buying
club. The Oklahoma Department of Agriculture, Food, and Forestry
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.
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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 Administration,
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 c lear contrast to the background of the label:
“Made in a home food establishment that is not licensed by the State
Department of Health. ”
SECTION 5. AMENDATORY Section 5, Chapter 40, O.S.L.
2013, as renumbered by Section 6, Chapt er 85, O.S.L. 2017 (2 O.S.
Supp. 2020, Section 5-4.5), is amended to read as follows :
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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 the 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.
Passed the Senate the 4th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives