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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2152 By: Hall of the House
and
Frix of the Senate
COMMITTEE SUBSTITUTE
An Act relating to agriculture; amending 2 O.S. 2021,
Sections 5-4.2 and 5-4.3, as amended by Section 1,
Chapter 16, O.S.L. 2024 (2 O.S. Supp. 2024, Section
5-4.3), which relate to the Homemade Food Freedom
Act; modifying definition; requiring labeling under
certain circumstances; amending 2 O.S. 2021, Section
7-414, which relates to raw milk; providing that raw
milk may be sold directly to consumers pursuant to
the provisions of the Homemade Food Freedom Act; 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 -4.2, is
amended to read as follows:
Section 5-4.2. As used in the Homemade Food Freedom Act:
1. "Home food establishment" shall mean a business on the
premises of a residence in which homemade food products are created
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for sale or resale if the business has gross annual sales of
prepared food of less than Seventy-five Thousand Dollars
($75,000.00) One Hundred Fifty Thousand Dollars ($150,000.00) .
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. "Homemade food product" shall mean food, includ ing a
beverage, which is produced and, if packaged, packaged at a
residence; provided, however, homemade food product shall not mean
alcoholic beverages or unpasteurized milk or cannabis or marijuana
products;
4. "Non-time- or -temperature-controlled for safety" shall mean
food that does not require time or temperature control for safety to
limit the rapid and progressive growth of infectious or toxigenic
microorganisms, including foods 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. "Time- or temperature-controlled for safety" shall mean a
food that requires time or temperature control for safety to limit
infectious or toxigenic microorganisms and is in a form capab le of
supporting rapid and progressive growth of infectious or toxigenic
microorganisms; provided, however, time - or temperature-controlled
for safety shall not include foods that have a pH level of four and
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six-tenths (4.6) or below or a water activity (a w) value of eighty-
five one-hundredths (0.85) or less;
6. "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. "Producer" shall mean the person who produces a homemade
food product in a home food establishment.
SECTION 2. AMENDATORY 2 O.S. 2021, Section 5 -4.3, as
amended by Section 1, Chapter 16, O.S.L. 2024 (2 O.S. Supp. 2024,
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 Departm ent of Health
and the Oklahoma Department of Agricult ure, 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, including, but not limited
to, the Internet or telephone, o r
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 consume r; provided,
the third-party vendor displays a placar d 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 servic e, 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 means, 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 prod ucer 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 available to complete onlin e 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 November 1, 2021;
6. The following information shall be provided to the cons umer
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 produc t 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 wheat, and
f. legible print statin g, "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 conta in 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 p urposes of the
federal Poultry Products Inspection Ac t; and
9. If the homemade food product consists of or contains
unpasteurized milk as an ingredient, the label shall contain the
statement "Contains Unpasteurized Milk" and the placard shall
contain the statement "Contains Unpasteurized Milk" .
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 home made 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 of sale, and on a card
or other item that is made available 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 th e Internet shall be properly labeled or
shall have a label included in the shipping container.
C. A homemade food product producer may obtain a registration
number upon the payment of an annual fee of Fifteen Dollars ($15.00)
to the Oklahoma Department of Agriculture, Food, and Forestry that
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is good for one (1) year from the date of its issue. The assigned
registration number may be used on product labels instead of the
producer's name, phone number, and the physical address of the
location where the hom emade food product was produced.
SECTION 3. AMENDATORY 2 O.S. 2021, Section 7 -414, is
amended to read as follows:
Section 7-414. A. The provisions of the Oklahoma Milk and Milk
Products Act shall not be construed to:
1. Include incidental sales of raw milk directly to consumers
at the farm where the milk is produced or directly to consumers
pursuant to provisions provided by the Homemade Food Freedom Act ;
2. Preclude the advertising of the incidental sale of goat
milk; and
3. Prohibit any farmer or producer from making cheese using
milk or cream produced on the farm of such farmer or producer.
B. For purposes of this section, incidental sales of goat milk
are those sales where the average monthly number of gallons sold
does not exceed one hundred (100).
SECTION 4. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND NATURAL RESOURCES
OVERSIGHT, dated 03/04/2025 - DO PASS, As Amended.