An Act
ENROLLED HOUSE
BILL NO. 1772 By: Kane, Maynard, Duel, Hays,
George, Cantrell, Tedford
and Staires of the House
and
Daniels of the Senate
An Act relating to public health and sa fety; amending
63 O.S. 2021, Section 1 -1118, which relates to food
establishment licenses; exempting farmers market
vendor from license requirement; and providing an
effective date.
SUBJECT: Health and safety
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1118, is
amended to read as follows:
Section 1-1118. A. It shall be unlawful for any person to
operate or maintain any establishment, stationary or otherwise,
where food or drink is offered for sale, o r sold, to the public,
unless the person is the holder of a food establishment license
issued for such purpose by the State Commissioner of Health or
designee. A food establishment license shall not be required for:
1. A produce stand that offers only wh ole, uncut and
unprocessed fresh fruits, melons, vegetables and legumes and/or
whole uncracked and unprocessed n uts;
2. A manufacturer, wholesaler or broker of food licensed
pursuant to Section 1 -1119 of this title;
3. A kitchen in a private home if only food that does not
require time and temperature control for safety is prepared for sale ENR. H. B. NO. 1772 Page 2
or service at a funct ion such as a nonprofit civic, charitable or
religious organization 's bake sale;
4. An area where food that is prepared as specified in
paragraph 3 of this subsection is sold or offered for human
consumption;
5. A private home that r eceives catered or home-delivered food;
6. A hotel licensed pursuant to Section 1 -1201 of this title
which provides limited food service in compliance with rules
promulgated by the State Commissioner of Health;
7. A kitchen in a private home or in a bed and breakfast that
prepares and offers food to guests, if the home is owner -occupied,
the number of available guest bedrooms does not exceed three, and
breakfast is the only meal offered;
8. A nonprofit civic, charitable or religious organization
using unpaid individuals to prepare or serve food on its behalf, for
occasional fund-raising fundraising events sponsored and conducted
by the organization. For the purposes of this pa ragraph, an
"occasional fund-raising event" shall be defined as an event that
occurs four times a year or less;
9. Day care centers or family day care centers, and all other
child care facilities as defined and licensed pursuant to the
provisions of the Oklahoma Child Care Facilities Licen sing Act;
10. Nursing facilities and specialized facili ties, as defined
in and licensed purs uant to the provisions of the Nursing Home Care
Act, residential care homes as defined by the Residential Care Act,
adult day care centers as defined by the Adult Day Care Act, and
assisted living centers and continuum of care facilities licensed
pursuant to the Continuum of Care and Assisted Living Act; and
11. Vendors at farmers markets selling frozen meat that is
either kept refrigerated or on ice; and
12. Other establishments exempted from food establishment
licensure pursuant to state law.
B. Each license shall expire one (1) year following the dat e of
its issuance. The State Department of Health shall charge and ENR. H. B. NO. 1772 Page 3
collect for each such license an annual fee t o be fixed by the State
Commissioner of Health.
1. The Commissioner may provide by rule for a fee-exempt
license for a food establishment oper ated by a nonprofit, civ ic,
charitable or religious organization that us es unpaid persons to
sell or offer food o n a more frequent basis than the occasional
fund-raising fundraising event. A fee-exempt license shall not
expire but shall remain in full force and effec t until affirmatively
revoked, suspended, annulled or withdr awn by the Department in
accordance with applicable law.
2. The Commissioner may by rule also provide that l icenses for
establishments serving events of limited duration or operating on a
seasonal basis shall extend on ly for the term of the event or
season, and may by rule adjust the fees for su ch licenses
accordingly.
3. The Commissioner shall provide by rule a three-day license
for vendors who only sell at farmers markets as defined in 310:257 -
1-2 of the Oklahoma Ad ministrative Code or at county fairs .
Licenses for vendors who only sell at fa rmers markets or county
fairs shall not exceed Fifty Dollars ($50.00 ). Vendors who do not
sell food and vendors who meet the exceptions provided in subsec tion
A of this section shall not be required to obtain a t hree-day
license or a food establishment li cense.
4. The Commissioner shall provide by rule a multiseasonal
license for snow cone stands that sell hot beverages in addition to
snow cones. A snow cone stand that does n ot sell hot beverages
shall be considered a seasonal food establishment.
C. The State Commissioner of Health shall promulgate reasonable
standards and rules for sanitation of establishments required to be
licensed, which shall include the following: buildings, vehicles,
and appurtenances thereto, including plumbing, ventilation and
lighting; construction, c leanliness and bactericidal treatment of
equipment and utensils; cleanliness, wholesomeness, storage and
refrigeration of food and drink sold or served; cleanliness and
hygiene of personnel; toilet facilities; disposal of waste; wat er
supply; and other ite ms deemed necessary to safeguard the health,
comfort, and safety of customers.
SECTION 2. This act shall become e ffective November 1, 2023.
ENR. H. B. NO. 1772 Page 4
Passed the House of Represen tatives the 7th day of March, 2023.
Presiding Officer of the Hous e
of Representatives
Passed the Senate the 18th day of April, 2023.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _____ __ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________