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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2201 By: Wolfley
AS INTRODUCED
An Act relating to genetically engineered food;
amending 63 O.S. 2021, Section 1 -1118, as last
amended by Section 135, Chapter 452, O.S. L. 2024 (63
O.S. Supp. 2024, Section 1 -1118), which relates to
food establishment license and reasonable standards
and rules for sanitation; mandating notification of
genetically engineered food; providing a definition ;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1118, as
last amended by Section 135, Chapter 452, O.S.L. 2024 (63 O.S. Supp.
2024, Section 1-1118), is amended to read as follows:
Section 1-1118. A. It shall be unlawful for any person to
operate or maintain any establishment, stationary or otherwise,
where food or drink is offered for sale, or sold, to the public,
unless the person is the holder of a food establishment l icense
issued for such purpose by the State Commissioner of Health or
designee. A food establishment license shall not be required for:
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1. A produce stand that offers only whole, uncut and
unprocessed fresh fruits, melons, vegetables and legumes and/or
whole uncracked and unprocessed nuts;
2. A manufacturer, wholesaler or broker of food licensed
pursuant to Section 1 -1119 of this title;
3. A kitchen in a private home if only food that does not
require time and temperature control for safety is prepared for sale
or service at a function such as a nonprofit civic, charitable or
religious organization's bake sale;
4. An area where food that is prepared as specified in
paragraph 3 of this subsection is sold or offered for human
consumption;
5. A private home that receives catered or home -delivered food;
6. A hotel licensed pursuant to Section 1 -1201 of this title
which provides limited food service in compliance with rules
promulgated by the State Commissioner of Health;
7. A kitchen in a private home or in a bed and breakfast that
prepares and offers food to guests, if the home is owner-occupied,
the number of available guest bedrooms does not exceed four, and
breakfast is the only meal offered;
8. A nonprofit civic, charitable or religious organization
using unpaid individuals to prepare or serve food on its behalf, for
occasional fundraising events sponsored and conducted by the
organization. For the purposes of this paragraph, an "occasional
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fund-raising fundraising event" shall be defined as an event that
occurs four times a year or less;
9. Day care centers or family day car e centers, and all other
child care facilities as defined and licensed pursuant to the
provisions of the Oklahoma Child Care Facilities Licensing Act;
10. Nursing facilities and specialized facilities, as defined
in and licensed pursuant to the provisions of the Nursing Home Care
Act, residential care homes as defined by the Residential Care Act,
adult day care centers as defined by the Adult Day Care Act, and
assisted living centers and continuum of care facilities licensed
pursuant to the Continuum of Ca re and Assisted Living Act;
11. Vendors at farmers markets selling frozen meat that is
either kept refrigerated or on ice; and
12. Other establishments exempted from food estab lishment
licensure pursuant to state law.
B. Each license shall expire one (1) year following the date of
its issuance. The State Department of Health shall charge and
collect for each such license an annual fee to be fixed by the State
Commissioner of Health.
1. The Commissioner may provide by rule for a fee -exempt
license for a food establishment operated by a nonprofit, civic,
charitable or religious organization that uses unpaid persons to
sell or offer food on a more frequent basis than the occasion al
fundraising event. A fee -exempt license shall not expire but shall
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remain in full force and effect until affirmatively revoked,
suspended, annulled or withdrawn by the Department in accordance
with applicable law.
2. The Commissioner may by rule also provide that licenses for
establishments serving events of limited duration or operating on a
seasonal basis shall extend only for the term of the event or
season, and may by rule adjust the fees for such licenses
accordingly.
3. The Commissioner shall pr ovide by rule a three -day license
for vendors who only sell at farmers markets as defined in 310:257 -
1-2 of the Oklahoma Administrative Code or at county fairs.
Licenses for vendors who only sell at farmers markets or county
fairs shall not exceed Fifty D ollars ($50.00). Vendors who do not
sell food and vendors who meet the except ions provided in subsection
A of this section shall not be required to obtain a three -day
license or a food establishment license.
4. The Commissioner shall provide by rule a mu ltiseasonal
license for snow cone stands that sell hot beverages in addition to
snow cones. A snow cone stand that does not sell hot beverages
shall be considered a seasonal food establishment.
C. The State Commissioner of Health shall promulgate reasona ble
standards and rules for sanitation of establishments required to be
licensed, which shall include the following: buildings, vehicles,
and appurtenances thereto, including plumbing, ventilation and
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lighting; construction, cleanliness and bactericidal tr eatment of
equipment and utensils; cleanliness, wholesomeness, storage and
refrigeration of food and drink sold or served; cleanliness and
hygiene of personnel; toilet facilities; disposal of waste; water
supply; and other items deemed necessary to safegua rd the health,
comfort, and safety of customers.
D. If a food establishment s ells genetically engineered food,
the food establishment shall post in a clear and conspicuous
location that the establishment sells genetically engineered food.
As used in this section, "genetically engineered food" means food
that contains genetic material that has been modified in a
laboratory using techniques that are not possible through
conventional breeding or found in nature.
SECTION 2. This act shall bec ome effective November 1, 2025.
60-1-11065 TJ 12/19/24