Oklahoma Senate Bill SB1038

Oklahoma 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/7/23

Caption

Homemade food; creating the Oklahoma Food Freedom Act; defining terms; exempting certain homemade food products from state licensure, permitting, inspection, packaging, and labeling requirements. Emergency.

Impact

The enactment of SB1038 is expected to significantly alter the landscape of food sales within the state. Producers will be able to sell homemade foods in various venues such as farmer's markets, homes, and farms without the usual licensing requirements. Advocates of the bill argue that it supports local economies by encouraging small-scale food producers and enhancing consumer choice. However, there are concerns about food safety and transparency, as products sold under this law will not be subject to inspection or standard certification processes, potentially increasing the risks of foodborne illnesses.

Summary

Senate Bill 1038, titled the Oklahoma Food Freedom Act, aims to exempt certain homemade food products from the regulatory framework that typically applies to food production and sales in Oklahoma. The bill defines homemade food as items produced in a private kitchen that are not subject to state licensure, permitting, or inspection. It notably allows for the sale of these homemade goods directly to consumers, provided that these transactions are limited to the state of Oklahoma and do not involve interstate commerce. A key aspect of this bill is its focus on consumer choice, allowing individuals to purchase food products directly from producers without the stringent oversight usually required by food safety laws.

Contention

One of the notable points of contention surrounding the Oklahoma Food Freedom Act involves its restrictions on the sale of meat products. The bill allows limited sales of poultry and certain types of fish under specific conditions but prohibits the sale of most meat products. Critics argue that this lack of regulation could endanger public health, as consumers may not fully understand the implications of purchasing unregulated food items. Additionally, some food safety advocates warn that the bill could undermine existing protections designed to ensure food safety and prevent adulteration, leading to broader public health implications.