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28	28	STATE OF OKLAHOMA
29	29
30	30	1st Session of the 60th Legislature (2025)
31	31
32	32	HOUSE BILL 2201 By: Wolfley
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38	38	AS INTRODUCED
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40	40	An Act relating to genetically engineered food;
41	41	amending 63 O.S. 2021, Section 1 -1118, as last
42	42	amended by Section 135, Chapter 452, O.S. L. 2024 (63
43	43	O.S. Supp. 2024, Section 1 -1118), which relates to
44	44	food establishment license and reasonable standards
45	45	and rules for sanitation; mandating notification of
46	46	genetically engineered food; providing a definition ;
47	47	and providing an effective date .
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1118, as
54	54	last amended by Section 135, Chapter 452, O.S.L. 2024 (63 O.S. Supp.
55	55	2024, Section 1-1118), is amended to read as follows:
56	56	Section 1-1118. A. It shall be unlawful for any person to
57	57	operate or maintain any establishment, stationary or otherwise,
58	58	where food or drink is offered for sale, or sold, to the public,
59	59	unless the person is the holder of a food establishment l icense
60	60	issued for such purpose by the State Commissioner of Health or
61	61	designee. A food establishment license shall not be required for:
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88	88	1. A produce stand that offers only whole, uncut and
89	89	unprocessed fresh fruits, melons, vegetables and legumes and/or
90	90	whole uncracked and unprocessed nuts;
91	91	2. A manufacturer, wholesaler or broker of food licensed
92	92	pursuant to Section 1 -1119 of this title;
93	93	3. A kitchen in a private home if only food that does not
94	94	require time and temperature control for safety is prepared for sale
95	95	or service at a function such as a nonprofit civic, charitable or
96	96	religious organization's bake sale;
97	97	4. An area where food that is prepared as specified in
98	98	paragraph 3 of this subsection is sold or offered for human
99	99	consumption;
100	100	5. A private home that receives catered or home -delivered food;
101	101	6. A hotel licensed pursuant to Section 1 -1201 of this title
102	102	which provides limited food service in compliance with rules
103	103	promulgated by the State Commissioner of Health;
104	104	7. A kitchen in a private home or in a bed and breakfast that
105	105	prepares and offers food to guests, if the home is owner-occupied,
106	106	the number of available guest bedrooms does not exceed four, and
107	107	breakfast is the only meal offered;
108	108	8. A nonprofit civic, charitable or religious organization
109	109	using unpaid individuals to prepare or serve food on its behalf, for
110	110	occasional fundraising events sponsored and conducted by the
111	111	organization. For the purposes of this paragraph, an "occasional
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138	138	fund-raising fundraising event" shall be defined as an event that
139	139	occurs four times a year or less;
140	140	9. Day care centers or family day car e centers, and all other
141	141	child care facilities as defined and licensed pursuant to the
142	142	provisions of the Oklahoma Child Care Facilities Licensing Act;
143	143	10. Nursing facilities and specialized facilities, as defined
144	144	in and licensed pursuant to the provisions of the Nursing Home Care
145	145	Act, residential care homes as defined by the Residential Care Act,
146	146	adult day care centers as defined by the Adult Day Care Act, and
147	147	assisted living centers and continuum of care facilities licensed
148	148	pursuant to the Continuum of Ca re and Assisted Living Act;
149	149	11. Vendors at farmers markets selling frozen meat that is
150	150	either kept refrigerated or on ice; and
151	151	12. Other establishments exempted from food estab lishment
152	152	licensure pursuant to state law.
153	153	B. Each license shall expire one (1) year following the date of
154	154	its issuance. The State Department of Health shall charge and
155	155	collect for each such license an annual fee to be fixed by the State
156	156	Commissioner of Health.
157	157	1. The Commissioner may provide by rule for a fee -exempt
158	158	license for a food establishment operated by a nonprofit, civic,
159	159	charitable or religious organization that uses unpaid persons to
160	160	sell or offer food on a more frequent basis than the occasion al
161	161	fundraising event. A fee -exempt license shall not expire but shall
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188	188	remain in full force and effect until affirmatively revoked,
189	189	suspended, annulled or withdrawn by the Department in accordance
190	190	with applicable law.
191	191	2. The Commissioner may by rule also provide that licenses for
192	192	establishments serving events of limited duration or operating on a
193	193	seasonal basis shall extend only for the term of the event or
194	194	season, and may by rule adjust the fees for such licenses
195	195	accordingly.
196	196	3. The Commissioner shall pr ovide by rule a three -day license
197	197	for vendors who only sell at farmers markets as defined in 310:257 -
198	198	1-2 of the Oklahoma Administrative Code or at county fairs.
199	199	Licenses for vendors who only sell at farmers markets or county
200	200	fairs shall not exceed Fifty D ollars ($50.00). Vendors who do not
201	201	sell food and vendors who meet the except ions provided in subsection
202	202	A of this section shall not be required to obtain a three -day
203	203	license or a food establishment license.
204	204	4. The Commissioner shall provide by rule a mu ltiseasonal
205	205	license for snow cone stands that sell hot beverages in addition to
206	206	snow cones. A snow cone stand that does not sell hot beverages
207	207	shall be considered a seasonal food establishment.
208	208	C. The State Commissioner of Health shall promulgate reasona ble
209	209	standards and rules for sanitation of establishments required to be
210	210	licensed, which shall include the following: buildings, vehicles,
211	211	and appurtenances thereto, including plumbing, ventilation and
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238	238	lighting; construction, cleanliness and bactericidal tr eatment of
239	239	equipment and utensils; cleanliness, wholesomeness, storage and
240	240	refrigeration of food and drink sold or served; cleanliness and
241	241	hygiene of personnel; toilet facilities; disposal of waste; water
242	242	supply; and other items deemed necessary to safegua rd the health,
243	243	comfort, and safety of customers.
244	244	D. If a food establishment s ells genetically engineered food,
245	245	the food establishment shall post in a clear and conspicuous
246	246	location that the establishment sells genetically engineered food.
247	247	As used in this section, "genetically engineered food" means food
248	248	that contains genetic material that has been modified in a
249	249	laboratory using techniques that are not possible through
250	250	conventional breeding or found in nature.
251	251	SECTION 2. This act shall bec ome effective November 1, 2025.
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253	253	60-1-11065 TJ 12/19/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2201 Compare Versions