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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 939 By: Frix
AS INTRODUCED
An Act relating to farmed food products; 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; defining terms; expanding sales
allowed under act; allowing for sales at certain
locations; requiring certain provisions for sales at
certain locations; providing for certain products to
be sold to consumers directly from producers;
requiring producers to assume liability; amending 2
O.S. 2021, Section 7 -414, which relates to the
Oklahoma Milk and Milk Products Act; allowing for
transportation of certain product; increasing li mit;
amending 2 O.S. 2021, Section 10 -78, which relates to
the sale of eggs; removing certain sales; updating
statutory reference; providing for codification; 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 whic h homemade food products are created
for sale or resale if the business has gross annual sales of
prepared food of less than Seventy -five Thousand Dollars
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($75,000.00). 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, including 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
“Delivery” means the transfer of a product resulting from a
transaction between a producer and an informed end consumer or a
third-party vendor. The delivery may occur by the producer ’s
designated agent at a farm, ranch, farmers market, home, office, or
any location agreed to between the producer and the informed end
consumer;
2. “Home consumption” means consumption of food products
consumed within a private home, or from a private home that is only
to be consumed by family members, employees, or nonpaying guests;
3. “Homemade” means food that is prepared or processed in a
private home kitchen, that is not licensed, inspected, or re gulated;
4. “Informed end consumer ” means a person who is the last
person to purchase any product, who does not resell the product, and
who has been informed that the product is not licensed, regulated,
or inspected;
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4. 5. “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. 6. “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 i n a form capable 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
six-tenths (4.6) or below or a wat er activity (aw) 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
7. “Process” means operations a producer performs in the making
or treatment of the producer ’s food or drink products;
8. “Producer” means any person who gro ws, harvests, prepares,
or processes any food or drink products on the person ’s owned or
leased property; and
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9. “Transaction” means the exchange of buying and selling .
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 Department of Health
and the Oklahoma Department of Agriculture, Food, and Forestry:
1. Non-time- or -temperature-controlled-for-safety homemade
food products shall be sold:
a. by the producer directly to the informed end consumer,
either in person or by remote means, including, but
not limited to, the Internet or telephone, or
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 informed end
consumer; provided, the th ird-party vendor displays a
placard where homemade food products are displayed for
sale with the following disclosure: “This product was
produced in a private residence that is e xempt from
government licensing and inspection. This product may
contain allergens.”;
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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 informed end consumer or third-party
vendor, or
b. by a third-party vendor or a third -party carrier, such
as a parcel delivery service, to the informed end
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 informed end
consumer or third-party vendor, 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 informed
end consumer or third-party vendor;
5. Before a producer produces and sells or a third-party vendor
sells on behalf of the producer time- or temperature-controlled-for-
safety homemade food products, the producer or a third-party vendor
selling on behalf of the producer 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 Forest ry. The food safety training shall be
available to complete online and shall not exceed eight (8) hours in
length. The Oklahoma Department of Agriculture, Food, and Forestry
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shall make the list of approved training available on its website by
November 1, 2021;
6. The following information shall be provided to the informed
end consumer 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 produ ct 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, a nd
f. legible print stating, “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 cont ain 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
products or poultry food products as defined for purposes of the
federal Poultry Products Inspection Act.
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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 homemade 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
informed end consumer;
3. On a placard displayed at the p oint of sale, and on a card
or other item that is made available to the informed end 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 i f it is sold on the Internet; provided,
that each item sold over the Internet shall be properly labeled or
shall have a label included in the shipping container.
C. The provisions of the Homemade Food Freedom Act shall not
prohibit the sale of homemade fo od for home consumption from a
retail space located at the ranch, farm, or home where the food is
produced. A retail space selling homemade food under the provisions
of the Homemade Food Freedom Act shall inform the informed end
consumer that the homemade food has not been inspected and shall
display a sign indicating that the home made food has not been
inspected. If the retail space is in any way associated with a
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commercial food establishment or offers for sale any inspected
product, the retail space se lling homemade food shall comply with
rules adopted by the Oklahoma Department of Agriculture, Food, and
Forestry, which shall require:
1. That each separate space shall include signs or other
markings clearly indicating which spaces are offering inspecte d
items for sale and which spaces are uninspected;
2. That coolers, freezers, and warehouses or other storage
areas shall be separated to prohibit the intermingling of inspected
and uninspected products; and
3. Any other requirements specified by the Dep artment to ensure
the sale of homemade foods is made to an informed end consumer.
D. The producer shall inform the informed end consumer that any
food product or food sold at a farmers market or through ranch -,
farm-, or home-based sales pursuant to the p rovisions of the
Homemade Food Freedom Act is not certified, labeled, licensed ,
packaged, regulated, or inspected.
E. The provisions of the Homemade Food Freedom Act shall not be
construed to:
1. Change the requirements for brand inspection or animal
health inspections; or
2. Preclude an agency from providing assistance, consultation,
or inspection, at the request of the producer.
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F. 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
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 a ddress of the
location where the homemade food product was produced.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-32 of Title 2, unless there is
created a duplication in numbering, rea ds as follows:
A. Oklahoma dairy farms selling ungraded milk or ungraded milk
products produced from their own livestock are exempt from the
provisions of the Oklahoma Milk and Milk Products Act.
B. Nothing in Title 2 of the Oklahoma Statutes shall prohi bit
the sale of ungraded milk or ungraded milk produc ts produced on the
farm or property and sold directly to consumers in this state.
Ungraded milk and ungraded milk products sold pursuant to this
section shall be produced by the livestock maintained on the dairy
farm from which the ungraded milk or ungraded milk products are
sold.
C. Dairy farms selling items pursuant to this section shall
assume all liability.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-32.1 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. Oklahoma producers of eggs selling ungraded eggs from their
own flock production are exemp t from Section 10-71 et seq. of Title
2 of the Oklahoma Statutes. Nothing in Title 2 of the Oklahoma
Statutes shall prohibit the sale of ungraded eggs produced on the
farm and sold direct ly to the informed end consumer. Ungraded eggs
sold under this section shall be produced by hens maintained on the
farm from which the eggs are sold.
B. Egg producers selling items pursuant to this section shall
assume all liability.
SECTION 5. 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 informed
end consumers:
a. at the farm where the milk is produced , or
b. by transport used by the producer of raw milk ;
2. Preclude the advertising of the incidental sale of cow or
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.
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B. For purposes of this section, incidental sales of cow or
goat milk are those sales where the average monthly number of
gallons sold does not exceed one hundred (100) five hundred (500).
SECTION 6. AMENDATORY 2 O.S. 2021, Section 10 -78, is
amended to read as follows:
Section 10-78. A. Oklahoma producers of eggs selling ungraded
eggs from their own flock production are exempt from this
subarticle. Nothing in this subarticle shall prohibit the sale of
eggs produced on the farm and sold direc t to the consumer. Eggs
sold under this section sh all be produced by hens maintained on the
farm from which the eggs are sold.
B. A producer may sell graded eggs if in compliance with this
subarticle Section 10-71 et seq. of this title .
SECTION 7. This act shall become effective November 1, 2025.
60-1-1240 MR 1/16/2025 12:15:12 PM