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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1038 By: Dahm
AS INTRODUCED
An Act relating to homemade food; creating the
Oklahoma Food Freedom Act; providing short title;
defining terms; exempting certain homemade food
products from state licensure, permitting,
inspection, packaging , and labeling requirements ;
providing for transactions; prohibiting the sale of
meat products with exceptions; prohibiting sale of
food to commercial food establishments; authorizing
the sale of products in certain retail spaces under
certain conditions; requiring producer to provide
information to the consumer ; stating the act shall
not be construed to impede certain investigations,
change requirements for livestock brand or animal
health inspections, or preclude state agency
assistance at the request of the producer; stating
the act shall not be construed to prohibit other food
sales in compliance with statutes; authorizing the
Oklahoma Department of Agriculture, Food, and
Forestry to promulgate rules; providing for
codification; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-5.1 of Title 2, unless there
is created a duplication in numb ering, reads as follows:
This act shall be known and may be cited as the “Oklahoma Food
Freedom Act”.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-5.2 of Title 2, unless there
is created a duplication in numb ering, reads as follows:
As used in the Oklahoma Food Freedom Act:
1. “Delivery” shall mean the transfer of a product r esulting
from a transaction between a producer and an informed end consumer.
The delivery may occur by the producer ’s designated agent at a farm,
ranch, farmers market, home, office , or any location agreed to
between the producer and the informed end consumer;
2. “Home consumption” shall mean food products consumed within
a private home, or food from a private home that is only consumed by
family members, employees , or nonpaying guests;
3. “Homemade” shall mean food that is prepared or processed in
a private home kitchen, that is not licensed, inspected , or
regulated;
4. “Informed end consumer” shall mean a person who is the last
person to purchase any product, who does not resell the product , and
who has been informed that the pro duct is not licensed, regulated,
or inspected;
5. “Process” shall mean operations a producer pe rforms in the
making or treatment of the producer ’s food or drink products;
6. “Producer” shall mean any person who grows, harvests,
prepares, or processes any food or drink products on the person’s
owned or leased property; and
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7. “Transaction” shall mean the exchange of buying and selling.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-5.3 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. Homemade food products produced, sold , and consumed in
compliance with the Oklahoma Food Freedom Act shall be exempt from
state licensure, permitting, inspection, packaging , and labeling
requirements, except as otherwise provided in this act .
B. Transactions under this act shall:
1. Be directly between the producer and the informed end
consumer;
2. Only be for home consumption;
3. Occur only in this state;
4. Not involve interstate commerce;
5. Not involve the s ale of meat products, except:
a. the sale of poultry products, provided:
(1) the producer slaughters no more than one thousand
(1,000) poultry of their own raising on their own
farm during any one (1) calendar year,
(2) the producer does not engage in buying or selling
poultry products other than those produced fro m
poultry of their own raising on their own farm,
and
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(3) the poultry product is not adulterated or
misbranded,
b. the sale of live animals,
c. the sale of portions of live animals before slaughter
for future delivery,
d. the sale of domestic rabbit meat, and
e. the sale of farm-raised fish, provided the fish is
raised in compliance with Section 6 -311 et seq. of
Title 2 of the Oklahoma S tatutes; and
6. Only occur at farmers markets, farms, ranches, producers’
homes or offices, or any location the producer and the informed en d
consumer agree to.
C. Except for raw, unprocessed fruits and vegetables, food
shall not be sold or used in any commercial food establish ment
unless the food has been labeled, lic ensed, packaged, regula ted, or
inspected as required by law.
D. The provisions of the Oklahoma Food Freedom Act shall not
prohibit the sale of homemade food for home cons umption from a
retail space located at the ranch, farm, or home where the food is
produced. A retail space selling homemade food under the provisions
of the Oklahoma Food Freedom Act shall inform the end consumer that
the homemade food has not been inspected and shall display a sign
indicating that the homemade food has not been inspected. If the
retail space is in any way associated with a commercial food
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establishment or offers for sale any inspected product, the retail
space selling homemade food shall comply with rules adopted by the
Oklahoma Department of Agriculture, Food, and Forestr y which shall
require:
1. That the retail space be physically separated fr om the
commercial food establishment with a separate door and separate cash
register or point of sale;
2. That each separate space shall include signs or other
markings clearly ind icating which spaces are offering inspected
items for sale and which spaces are uninspected;
3. Coolers, freezers, and warehouse or other storage areas
shall be separated to prohibit the intermingling of inspecte d and
uninspected products; and
4. Any other requirements speci fied by the Department to ensure
the sale of homemade f oods is made to an informed end consumer.
E. The producer shall inform the end consumer that any food
product or food sold at a farmers market or through ranch, farm, or
home-based sales pursuant to the provisions of the Oklahoma Food
Freedom Act is not certified, labeled, licensed, packaged,
regulated, or inspected.
F. The provisions of the Oklahoma Food Freedo m Act shall not be
construed to:
1. Impede the State Department of Healt h in any investigation
of foodborne illness;
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2. Change the requirements f or brand inspection or animal
health inspections; or
3. Preclude an agency from providing assistance, consultation ,
or inspection, at the request of the producer.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-5.4 of Title 2, unless there
is created a duplication in numb ering, reads as follows:
A. The provisions of the Oklahoma Food Freedom Act shall not be
construed to prevent the sale of prepared foods in compliance with
the Homemade Food Freedom Act .
B. The Oklahoma Department of Agriculture, Food, and Forestry
may promulgate rules to enforce the provisions of the Oklahoma Food
Freedom Act.
SECTION 5. It being immediately necessary f or the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from an d after its passage and approval.
59-1-945 JES 1/19/2023 12:52:03 PM