Oklahoma 2025 Regular Session

Oklahoma House Bill HB2152 Compare Versions

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3-HB2152 HFLR Page 1
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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
30-
3128 STATE OF OKLAHOMA
3229
3330 1st Session of the 60th Legislature (2025)
3431
35-COMMITTEE SUBSTITUTE
36-FOR
37-HOUSE BILL NO. 2152 By: Hall of the House
38-
39- and
40-
41- Frix of the Senate
32+HOUSE BILL 2152 By: Hall
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47-COMMITTEE SUBSTITUTE
4838
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
5846 providing an effective date.
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6552 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6653 SECTION 1. AMENDATORY 2 O.S. 2021, Section 5 -4.2, is
6754 amended to read as follows:
6855 Section 5-4.2. As used in the Homemade Food Freedom Act:
6956 1. "Home food establishment " shall mean a business on the
7057 premises of a residence in which homemade food products are created
58+for sale or resale if the business has gross annual sales of
59+prepared food of less than Seventy-five Thousand Dollars
60+($75,000.00) Three Hundred Thousand Dollars ($300,000.00) . Gross
61+annual sales includes all sales of prepared food produced by the
62+business at any location;
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98-for sale or resale if the business has gross annual sales of
99-prepared food of less than Seventy-five Thousand Dollars
100-($75,000.00) One Hundred Fifty Thousand Dollars ($150,000.00) .
101-Gross annual sales includes all sales of prepared food produced by
102-the business at any location;
10389 2. "Delivered" shall mean transferred to the customer, either
10490 immediately upon sale or at a time thereafter;
10591 3. "Homemade food product " shall mean food, including a
10692 beverage, which is produced and, if packaged, packaged at a
10793 residence; provided, however, homemade food product shall not mean
10894 alcoholic beverages or unpasteurized milk or cannabis or marijuana
10995 products;
11096 4. "Non-time- or -temperature-controlled for safety " shall mean
11197 food that does not require time or temperature control for safety to
11298 limit the rapid and progressive growth of inf ectious or toxigenic
11399 microorganisms, including foods that have a pH level of f our and
114100 six-tenths (4.6) or below or a water activity (aw) value of eighty -
115101 five one-hundredths (0.85) or less;
116102 5. "Time- or temperature-controlled for safety " shall mean a
117103 food that requires time or temperature control for safety to limit
118104 infectious or toxigenic microorganisms and is in a form capable of
119105 supporting rapid and progressive growth of infectious or toxigenic
120106 microorganisms; provided, however, time - or temperature-controlled
121107 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
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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
154139 7. "Producer" shall mean the person who produces a homemade
155140 food product in a home food establishment.
156141 SECTION 2. AMENDATORY 2 O.S. 2021, Section 5 -4.3, as
157142 amended by Section 1, Chapter 16, O.S.L. 2024 (2 O.S. Supp. 2024,
158143 Section 5-4.3), is amended to read as follows:
159144 Section 5-4.3. A. The production and sale of homemade food
160145 products that meet the following conditions shall be exempt from all
161146 licensing and other requirements of the State Department of Health
162147 and the Oklahoma Department of Agriculture, Food, and Forestry:
163148 1. Non-time- or -temperature-controlled-for-safety homemade
164149 food products shall be sold:
165150 a. by the producer directly to the consumer, either in
166151 person or by remote means, including, but not limited
167152 to, the Internet or telephone, or
168153 b. by a producer's designated agent or a third -party
169154 vendor, such as a retail or grocery store, farm, farm
170155 stand, farmers market, m embership-based buying club,
171156 craft fair or flea market, to the consumer; provided,
172157 the third-party vendor displays a placard where
158+homemade food products are displayed for sale with the
159+following disclosure: "This product was produced in a
160+private residence that is exempt from government
161+licensing and inspection. This product may c ontain
162+allergens.";
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200-homemade food products are displayed for sale with the
201-following disclosure: "This product was produced in a
202-private residence that is exempt from government
203-licensing and inspection. This product may contain
204-allergens.";
205189 2. Non-time- or -temperature-controlled-for-safety homemade
206190 food products shall be delivered:
207191 a. by the producer or producer 's designated agent
208192 directly to the consumer or third -party vendor, or
209193 b. by a third-party vendor or a third -party carrier, such
210194 as a parcel delivery service, to the consumer or a
211195 third-party vendor;
212196 3. Time- or temperature-controlled-for-safety homemade food
213197 products shall be sold by th e producer directly to the consumer,
214198 either in person or by remote means, incl uding, but not limited to,
215199 the Internet or telephone;
216200 4. Time- or temperature-controlled-for-safety homemade food
217201 products shall be delivered by the producer directly to the
218202 consumer;
219203 5. Before a producer produces and sells time - or temperature-
220204 controlled-for-safety homemade food products, the producer shall
221205 complete and pass food safety training from a list of providers,
222206 including the ServSafe Food Handler Training, approved by the
223207 Oklahoma Department of Agriculture, Food, and Forestry. The food
208+safety training shall be available to complete online and shall not
209+exceed eight (8) hours in length. The Oklahoma Department of
210+Agriculture, Food, and Forestry shall make the list of approved
211+training available on its website by November 1, 2021;
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251-safety training shall be available to complete onlin e and shall not
252-exceed eight (8) hours in length. The Oklahoma Department of
253-Agriculture, Food, and Forestry shall make the list of approved
254-training available on its website by November 1, 2021;
255238 6. The following information shall be provided to the consumer
256239 in the format required by subsection B of this section:
257240 a. the name and phone number of the producer,
258241 b. the physical address wh ere the product was produced,
259242 c. a description of the homemade food product,
260243 d. the ingredients of the homemade food product in
261244 descending order of proportion,
262245 e. a statement indicating the presence of any of the
263246 eight most common allergens, including milk , eggs,
264247 peanuts, tree nuts, soy and wheat, and
265248 f. legible print stating, "This product was produced in a
266249 private residence that is exempt from government
267250 licensing and inspection. ";
268251 7. If the homemade food product is packaged and distributed in
269252 interstate commerce, it shall also be sold and labeled in accordance
270253 with federal law; and
271254 8. Homemade food products shall not contain seafood or meat,
272255 meat by-products or meat food products as defined by Section 301.2
273256 of Title 9 of the Code of Federal Regulations or poultry, poultry
257+products or poultry food products as defined for purposes of the
258+federal Poultry Products Inspection Act ; and
259+9. If the homemade food product consists of or contains
260+unpasteurized milk as an ingredient, the label shall contain the
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301-products or poultry food products as defined for p urposes of the
302-federal Poultry Products Inspection Ac t; and
303-9. If the homemade food product consists of or contains
304-unpasteurized milk as an ingredient, the label shall contain the
305287 statement "Contains Unpasteurized Milk " and the placard shall
306288 contain the statemen t "Contains Unpasteurized Milk ".
307289 B. The information required by paragraph 6 of subsection A of
308290 this section shall be provided in a legible format of at least 10 -
309291 point font, in the following manner:
310292 1. On a label affixed to the package if the homemade food
311293 product is packaged;
312294 2. On a label affixed to a container, if the homemade food
313295 product is offered for sale from a bulk container directly to the
314296 consumer;
315297 3. On a placard displayed at the point of sale, and on a card
316298 or other item that is made availab le to the consumer and is readily
317299 carriable if the homemade food product is not packaged; and
318300 4. Displayed on the webpage from which the homemade food
319301 product is offered for sal e if it is sold on the Internet; provided,
320302 that each item sold over the Internet shall be properly labeled or
321303 shall have a label included in the shipping container.
322304 C. A homemade food product producer may obtain a registration
323305 number upon the payment of a n annual fee of Fifteen Dollars ($15.00)
324306 to the Oklahoma Department of Agricul ture, Food, and Forestry that
307+is good for one (1) year from the date of its issue. The assigned
308+registration number may be used on product labels instead of the
309+producer's name, phone number, and the physical address of the
310+location where the homemade food prod uct was produced.
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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.
371338
372-COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND NATURAL RESOURCES
373-OVERSIGHT, dated 03/04/2025 - DO PASS, As Amended.
374-
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339+60-1-10511 JL 12/04/24