49 | | - | An Act relating to agriculture; amending 2 O.S. 2021, |
---|
50 | | - | Sections 5-4.2 and 5-4.3, as amended by Section 1, |
---|
51 | | - | Chapter 16, O.S.L. 2024 (2 O.S. Supp. 2024, Section |
---|
52 | | - | 5-4.3), which relate to the Homemade Food Freedom |
---|
53 | | - | Act; modifying definition; requiring labeling under |
---|
54 | | - | certain circumstances; amending 2 O.S. 2021, Section |
---|
55 | | - | 7-414, which relates to raw milk; providing that raw |
---|
56 | | - | milk may be sold directly to consumers pursuant to |
---|
57 | | - | the provisions of the Homemade Food Freedom Act; and |
---|
| 39 | + | |
---|
| 40 | + | AS INTRODUCED |
---|
| 41 | + | |
---|
| 42 | + | An Act relating to the agriculture; amending 2 O.S. |
---|
| 43 | + | 2021, Sections 5-4.2 and 5-4.3, which relate to the |
---|
| 44 | + | Homemade Food Freedom Act; modify ing definition; |
---|
| 45 | + | requiring labeling under certain circumstances; and |
---|
103 | 89 | | 2. "Delivered" shall mean transferred to the customer, either |
---|
104 | 90 | | immediately upon sale or at a time thereafter; |
---|
105 | 91 | | 3. "Homemade food product " shall mean food, including a |
---|
106 | 92 | | beverage, which is produced and, if packaged, packaged at a |
---|
107 | 93 | | residence; provided, however, homemade food product shall not mean |
---|
108 | 94 | | alcoholic beverages or unpasteurized milk or cannabis or marijuana |
---|
109 | 95 | | products; |
---|
110 | 96 | | 4. "Non-time- or -temperature-controlled for safety " shall mean |
---|
111 | 97 | | food that does not require time or temperature control for safety to |
---|
112 | 98 | | limit the rapid and progressive growth of inf ectious or toxigenic |
---|
113 | 99 | | microorganisms, including foods that have a pH level of f our and |
---|
114 | 100 | | six-tenths (4.6) or below or a water activity (aw) value of eighty - |
---|
115 | 101 | | five one-hundredths (0.85) or less; |
---|
116 | 102 | | 5. "Time- or temperature-controlled for safety " shall mean a |
---|
117 | 103 | | food that requires time or temperature control for safety to limit |
---|
118 | 104 | | infectious or toxigenic microorganisms and is in a form capable of |
---|
119 | 105 | | supporting rapid and progressive growth of infectious or toxigenic |
---|
120 | 106 | | microorganisms; provided, however, time - or temperature-controlled |
---|
121 | 107 | | for safety shall not include foods that have a pH level of four and |
---|
| 108 | + | six-tenths (4.6) or below or a water activity (aw) value of eighty - |
---|
| 109 | + | five one-hundredths (0.85) or less; |
---|
| 110 | + | 6. "Produce" shall mean to prepare a food product by cooking, |
---|
| 111 | + | baking, drying, mixing, cutting, canning, fermenting, preserving, |
---|
| 112 | + | dehydrating, growing, raising or other process; and |
---|
149 | | - | six-tenths (4.6) or below or a water activity (a w) value of eighty- |
---|
150 | | - | five one-hundredths (0.85) or less; |
---|
151 | | - | 6. "Produce" shall mean to prepare a food product by cooking, |
---|
152 | | - | baking, drying, mixing, cutting, canning, fermenting, preserving, |
---|
153 | | - | dehydrating, growing, raising or other process; and |
---|
154 | 139 | | 7. "Producer" shall mean the person who produces a homemade |
---|
155 | 140 | | food product in a home food establishment. |
---|
156 | 141 | | SECTION 2. AMENDATORY 2 O.S. 2021, Section 5 -4.3, as |
---|
157 | 142 | | amended by Section 1, Chapter 16, O.S.L. 2024 (2 O.S. Supp. 2024, |
---|
158 | 143 | | Section 5-4.3), is amended to read as follows: |
---|
159 | 144 | | Section 5-4.3. A. The production and sale of homemade food |
---|
160 | 145 | | products that meet the following conditions shall be exempt from all |
---|
161 | 146 | | licensing and other requirements of the State Department of Health |
---|
162 | 147 | | and the Oklahoma Department of Agriculture, Food, and Forestry: |
---|
163 | 148 | | 1. Non-time- or -temperature-controlled-for-safety homemade |
---|
164 | 149 | | food products shall be sold: |
---|
165 | 150 | | a. by the producer directly to the consumer, either in |
---|
166 | 151 | | person or by remote means, including, but not limited |
---|
167 | 152 | | to, the Internet or telephone, or |
---|
168 | 153 | | b. by a producer's designated agent or a third -party |
---|
169 | 154 | | vendor, such as a retail or grocery store, farm, farm |
---|
170 | 155 | | stand, farmers market, m embership-based buying club, |
---|
171 | 156 | | craft fair or flea market, to the consumer; provided, |
---|
172 | 157 | | the third-party vendor displays a placard where |
---|
205 | 189 | | 2. Non-time- or -temperature-controlled-for-safety homemade |
---|
206 | 190 | | food products shall be delivered: |
---|
207 | 191 | | a. by the producer or producer 's designated agent |
---|
208 | 192 | | directly to the consumer or third -party vendor, or |
---|
209 | 193 | | b. by a third-party vendor or a third -party carrier, such |
---|
210 | 194 | | as a parcel delivery service, to the consumer or a |
---|
211 | 195 | | third-party vendor; |
---|
212 | 196 | | 3. Time- or temperature-controlled-for-safety homemade food |
---|
213 | 197 | | products shall be sold by th e producer directly to the consumer, |
---|
214 | 198 | | either in person or by remote means, incl uding, but not limited to, |
---|
215 | 199 | | the Internet or telephone; |
---|
216 | 200 | | 4. Time- or temperature-controlled-for-safety homemade food |
---|
217 | 201 | | products shall be delivered by the producer directly to the |
---|
218 | 202 | | consumer; |
---|
219 | 203 | | 5. Before a producer produces and sells time - or temperature- |
---|
220 | 204 | | controlled-for-safety homemade food products, the producer shall |
---|
221 | 205 | | complete and pass food safety training from a list of providers, |
---|
222 | 206 | | including the ServSafe Food Handler Training, approved by the |
---|
223 | 207 | | Oklahoma Department of Agriculture, Food, and Forestry. The food |
---|
255 | 238 | | 6. The following information shall be provided to the consumer |
---|
256 | 239 | | in the format required by subsection B of this section: |
---|
257 | 240 | | a. the name and phone number of the producer, |
---|
258 | 241 | | b. the physical address wh ere the product was produced, |
---|
259 | 242 | | c. a description of the homemade food product, |
---|
260 | 243 | | d. the ingredients of the homemade food product in |
---|
261 | 244 | | descending order of proportion, |
---|
262 | 245 | | e. a statement indicating the presence of any of the |
---|
263 | 246 | | eight most common allergens, including milk , eggs, |
---|
264 | 247 | | peanuts, tree nuts, soy and wheat, and |
---|
265 | 248 | | f. legible print stating, "This product was produced in a |
---|
266 | 249 | | private residence that is exempt from government |
---|
267 | 250 | | licensing and inspection. "; |
---|
268 | 251 | | 7. If the homemade food product is packaged and distributed in |
---|
269 | 252 | | interstate commerce, it shall also be sold and labeled in accordance |
---|
270 | 253 | | with federal law; and |
---|
271 | 254 | | 8. Homemade food products shall not contain seafood or meat, |
---|
272 | 255 | | meat by-products or meat food products as defined by Section 301.2 |
---|
273 | 256 | | of Title 9 of the Code of Federal Regulations or poultry, poultry |
---|
305 | 287 | | statement "Contains Unpasteurized Milk " and the placard shall |
---|
306 | 288 | | contain the statemen t "Contains Unpasteurized Milk ". |
---|
307 | 289 | | B. The information required by paragraph 6 of subsection A of |
---|
308 | 290 | | this section shall be provided in a legible format of at least 10 - |
---|
309 | 291 | | point font, in the following manner: |
---|
310 | 292 | | 1. On a label affixed to the package if the homemade food |
---|
311 | 293 | | product is packaged; |
---|
312 | 294 | | 2. On a label affixed to a container, if the homemade food |
---|
313 | 295 | | product is offered for sale from a bulk container directly to the |
---|
314 | 296 | | consumer; |
---|
315 | 297 | | 3. On a placard displayed at the point of sale, and on a card |
---|
316 | 298 | | or other item that is made availab le to the consumer and is readily |
---|
317 | 299 | | carriable if the homemade food product is not packaged; and |
---|
318 | 300 | | 4. Displayed on the webpage from which the homemade food |
---|
319 | 301 | | product is offered for sal e if it is sold on the Internet; provided, |
---|
320 | 302 | | that each item sold over the Internet shall be properly labeled or |
---|
321 | 303 | | shall have a label included in the shipping container. |
---|
322 | 304 | | C. A homemade food product producer may obtain a registration |
---|
323 | 305 | | number upon the payment of a n annual fee of Fifteen Dollars ($15.00) |
---|
324 | 306 | | to the Oklahoma Department of Agricul ture, Food, and Forestry that |
---|
352 | | - | is good for one (1) year from the date of its issue. The assigned |
---|
353 | | - | registration number may be used on product labels instead of the |
---|
354 | | - | producer's name, phone number, and the physical address of the |
---|
355 | | - | location where the hom emade food product was produced. |
---|
356 | | - | SECTION 3. AMENDATORY 2 O.S. 2021, Section 7 -414, is |
---|
357 | | - | amended to read as follows: |
---|
358 | | - | Section 7-414. A. The provisions of the Oklahoma Milk and Milk |
---|
359 | | - | Products Act shall not be construed to: |
---|
360 | | - | 1. Include incidental sales of raw milk directly to consumers |
---|
361 | | - | at the farm where the milk is produced or directly to consumers |
---|
362 | | - | pursuant to provisions provided by the Homemade Food Freedom Act ; |
---|
363 | | - | 2. Preclude the advertising of the incidental sale of goat |
---|
364 | | - | milk; and |
---|
365 | | - | 3. Prohibit any farmer or producer from making cheese using |
---|
366 | | - | milk or cream produced on the farm of such farmer or producer. |
---|
367 | | - | B. For purposes of this section, incidental sales of goat milk |
---|
368 | | - | are those sales where the average monthly number of gallons sold |
---|
369 | | - | does not exceed one hundred (100). |
---|
370 | | - | SECTION 4. This act shall become effective November 1, 2025. |
---|
| 337 | + | SECTION 3. This act shall become effective November 1, 2025. |
---|