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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1041 By: Dahm
AS INTRODUCED
An Act relating to home food processing; amendi ng 2
O.S. 2021, Sections 5-4.1, 5-4.2, 5-4.3, 5-4.4, 5-
4.5, and 5-4.6, which relate to the Homemade Food
Freedom Act; creating the Home Food Processing Act;
adding and modifying definitions; requiring certain
labeling; modifying certain misdemeanor penalty ;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 5 -4.1, is
amended to read as follows:
Section 5-4.1. This act shall be known and may be cite d as the
“Homemade Home Food Freedom Processing Act”.
SECTION 2. AMENDATORY 2 O.S. 2021, Section 5 -4.2, is
amended to read as follows:
Section 5-4.2. As used in the Homemade Home Food Processing
Freedom Act:
1. “Delivered” shall mean transferred to the customer, either
immediately upon sale or at a time thereafter;
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2. “Department” means the Oklahoma Department of Agriculture ,
Food, and Forestry;
3. “Home food establishment ” shall mean means a business on the
premises of a residence in which homemade non-time/temperature-
controlled for safety food products are is created for sale or
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/temperature-controlled for safety food of less
than Seventy-five Thousand Dollars ($75,000.00) One Hundred Thousand
Dollars ($100,000.00) . Gross annual sales includes all sales of
prepared food produced by the business at any location;
2. “Delivered” shall mean transferred to the customer, either
immediately upon sale or at a time thereafter;
3. 4. “Homemade food product ” shall mean food, including a
beverage, which is produced and, if package d, packaged at a
residence; provided, however, homemade food product shall not mean
alcoholic beverages or unpasteurized milk or canna bis or marijuana
products;
4. 5. “Non-time- or -temperature-controlled for safety food”
shall mean means a food product that does is not require time or
temperature control time/temperature control led for safety
including, but not limited to, baked goods, jams and jellies,
candies, dried mixes, spices, some sauces and liquids, pickles , and
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acidified foods to limit the rapid a nd progressive growth of
infectious or toxigenic micro organisms, including foo ds 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 ;
5. 6. “Time- or temperature-controlled for safety food” shall
mean means 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; pr ovided, however, time- or
temperature-controlled for safety shall not include foods that hav e
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 pathogenic
microorganism growth or to xin formation including, but not limited
to, refrigerated or frozen products, low -acid canned foods, d airy
products, seafood products , and bottled water, and:
a. time- or temperature-controlled 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 that is heat-treated or consists of raw seed
sprouts, cut melons, cut leafy greens, cut tomatoes or
mixtures of cut tomatoes that are not modified in a
way so that they are unable to support pa thogenic
microorganism growth or toxic for mation, or garlic-in-
oil mixtures that are not modified in a way that
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results in mixtures that do not support growth or
toxin formulation, and
b. time- or temperature-controlled for safety food does
not include an air-cooled hard-boiled egg with shell
intact, or a shell egg that is not hard -boiled but has
been treated to destroy all viable 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
commercial sterility under conditions of non -
refrigerated storage and distribution ; a food for
which laboratory evidence demonstrates that the rapid
and progressive growth of infectious or toxigenic
microorganisms or the growth of S. Enteritidis in eggs
or C. botulinum cannot occur, 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 pre servative,
other barrier to the growth of microorganisms, 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
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contain an infectious or toxigenic micr oorganism or
chemical or physical contaminant at a level sufficient
to cause illness;
6. 7. “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. 8. “Producer” shall mean the person who produces a homemade
food product in a home food establishment .
SECTION 3. AMENDATORY 2 O.S. 2021, Section 5 -4.3, is
amended to read as follows:
Section 5-4.3. A. The production and sale of homemade food
products that meet the following conditions shall be exempt from all
licensing and other requirements of the State Depart ment of Health
and the Oklahoma Dep artment of Agriculture, Food, and Forestry:
1. Non-time- or -temperature-controlled-for-safety homemade
food products shall be sold:
a. by the producer directly to the consumer, either in
person or by remote means, inclu ding, 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 consum er; provided,
the third-party vendor displays a placard where
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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 m eans, including, but not limited to ,
the Internet or telephone;
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 providers,
including the ServSafe Food Handler Training, approved by the
Oklahoma Department of Agriculture, Food, and Forestry . The food
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safety training shall be availab le to complete online and shall not
exceed eight (8) hours in length. The Oklahoma Department of
Agriculture, Food, and Forestry shall make the list of approved
training available on its website by the effective date of this act
November 1, 2021;
6. The following informa tion shall be provided to the consumer
in the format required by subsection B of this section:
a. the name and phone number of the producer,
b. the physical address where the product was produced,
c. a description of the homemade food product,
d. the ingredients of the homemade food product in
descending order of proportion,
e. a statement indicating the presence of any of the
eight most common allergens, including milk, eggs,
peanuts, tree nuts, soy and w heat, 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 by-products or meat food products as defined by Section 301.2
of Title 9 of the Code of Federal Regulations or poultry, poultry
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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 least 10 -
point font, in the following manner:
1. On a label affixed to the package if the homemad e 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;
3. On a placard displayed at the point o f sale, and on a card
or other item that is made av ailable 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 In ternet shall be properly labeled or
shall have a label included in the shipping container .
C. A home food establishment may sell non-time/non-temperature
controlled for safety food on site, by delivery , at a farmers
market, through a cooperative, at retai l establishments, at
restaurants, or through a membership-based buying club. The
Department may promulgate rules to allow sales at other locations or
by other means.
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D. A home food establishment shall be exempt from the licensing
and other requirements o f the State Department of Health.
E. The Department may, upon a consumer complaint, request
written documentation to verify the gross annual sales of a home
food establishment.
SECTION 4. AMENDATORY 2 O.S. 2021, Section 5 -4.4, is
amended to read as follows:
Section 5-4.4. A. Nothing in the Homemade Home Food Freedom
Processing Act shall be construed to impede the State Department of
Health in any investigation of a reported food borne illness. Upon
receipt of a consumer complaint, the Oklahoma Department of
Agriculture, Food, and Forestry shall have the authority to request
proof of completion of the food safety training, verify a producer ’s
gross sales, and ensure a producer has complied with the act’s
labeling and delivery require ments. The Oklahoma Department of
Agriculture, Food, and Forestry may fine a producer who violates
this act in accordance with Section 5 -4.5 of this title.
B. A home food establishment that sells non-time or non-
temperature controlled for safety food sha ll affix a label, in a
format approved by the Food and Drug Administration , that contains
the following information:
1. The name, address, and telephone number or web address of
the home food establish ment;
2. The name of the prepared food;
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3. Batch code documentation with matching records maintained on
file at the home food establishment ; and
4. A list of ingredients.
C. 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 Health. ” must be affixed.
SECTION 5. AMENDATORY 2 O.S. 2021, Section 5 -4.5, is
amended to read as follows:
Section 5-4.5. Violation of the Homemade Home Food Processing
Freedom Act shall be a misdemeanor and shall be punishable by a fine
not exceeding Three Hundred Dollars ($300.00) One Hundred Dollars
($100.00).
SECTION 6. AMENDATORY 2 O.S. 2021, Section 5-4.6, is
amended to read as follows:
Section 5-4.6. Nothing in the Homemade Home Food Processing
Freedom Act shall be construed to prevent counties from enacting
ordinances regulating the operation of home food establishme nts,
provided such ordinances do not conflict with the provisions of the
Homemade Home Food Processing Freedom Act or impede or restrict the
sale of homemade food products in compliance with the law .
SECTION 7. This act shall become effect ive November 1, 2023.
59-1-946 JES 1/19/2023 12:55:15 PM