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Oklahoma Senate Bill SB939

Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB939 Compare Versions

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29-SENATE FLOOR VERSION
30-February 17, 2025
28+STATE OF OKLAHOMA
3129
30+1st Session of the 60th Legislature (2025)
3231
3332 COMMITTEE SUBSTITUTE
3433 FOR
35-SENATE BILL NO. 939 By: Frix and Bullard
34+SENATE BILL 939 By: Frix
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40+COMMITTEE SUBSTITUTE
4041
4142 An Act relating to farmed food products; amending 2
4243 O.S. 2021, Sections 5 -4.2 and 5-4.3, as amended by
4344 Section 1, Chapter 16, O.S.L. 2024 (2 O.S. Supp.
4445 2024, Section 5-4.3), which relate to the Homemade
4546 Food Freedom Act; defining terms; expanding sales
4647 allowed under act; allowing for sales at certain
4748 locations; requiring certain provisions for sales at
4849 certain locations; providing for certain products to
4950 be sold to consumers directly from producers;
5051 requiring producers to assume liability; amending 2
5152 O.S. 2021, Section 7 -414, which relates to the
5253 Oklahoma Milk and Milk Products Act; allowing for
5354 transportation of certain product; increasing limit;
5455 amending 2 O.S. 2021, Section 10 -78, which relates to
5556 the sale of eggs; removing certain sales; updating
5657 statutory references; providing for codification; and
5758 providing an effective date.
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6364 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6465 SECTION 1. AMENDATORY 2 O.S. 2021, Section 5-4.2, is
6566 amended to read as follows:
6667 Section 5-4.2. As used in the Homemade Food Freedom Act:
6768 1. “Home food establishment ” shall mean a business on the
6869 premises of a residence in which homemade food products are created
69-for sale or resale if the business has gross annual sales of
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96+for sale or resale if the business has gross annual sales of
9797 prepared food of less than Seventy -five Thousand Dollars
9898 ($75,000.00). Gross annual sales includes all sales of prepar ed
9999 food produced by the business at any location;
100100 2. “Delivered” shall mean transferred to the customer, ei ther
101101 immediately upon sale or at a time thereafter;
102102 3. “Homemade food product ” shall mean food, including a
103103 beverage, which is produced and, if package d, packaged at a
104104 residence; provided, however, homemade food product shall not mean
105105 alcoholic beverages or unpasteurized milk or cannabis or marijuana
106106 products
107107 “Delivery” means the transfer of a product resulting from a
108108 transaction between a producer a nd an informed end consumer or a
109109 third-party vendor. The delivery may occur by the producer ’s
110110 designated agent at a farm, ranch, farmers market, home, office, or
111111 any location agreed to between the producer and the informed end
112112 consumer;
113113 2. “Home consumption” means consumption of food products
114114 consumed within a private home or from a private home that are only
115115 to be consumed by family members, employees, or nonpaying guests;
116116 3. “Homemade” means food that is prepared or processed in a
117117 private home kitchen, that is not licensed, inspected, or regulated;
118118 4. “Informed end consumer ” means a person who is the last
119119 person to purchase any product, who does not resell the product, and
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147146 who has been informed that the product is not licensed, regulated,
148147 or inspected;
149148 4. 5. “Non-time- or -temperature-controlled for safety ” shall
150149 mean food that does not require time or temperature control for
151150 safety to limit the rapid and progressive growth of infectious or
152151 toxigenic microorganisms, including foods that have a pH level of
153152 four and six-tenths (4.6) or below or a water activity (aw) value of
154153 eighty-five one-hundredths (0.85) or less;
155154 5. 6. “Time- or temperature-controlled for safety ” shall mean a
156155 food that requires time or temperature control for safety to limit
157156 infectious or toxigenic microorganisms and is in a form capable of
158157 supporting rapid and progressive growth of infectious or toxigenic
159158 microorganisms; provided, however, time - or temperature-controlled
160159 for safety shall not include foods that have a pH level of four and
161160 six-tenths (4.6) or below or a water activity (aw) value of eighty -
162161 five one-hundredths (0.85) or less;
163162 6. “Produce” shall mean to prepare a food product by cooking,
164163 baking, drying, mixing, cutting, canning, fermenting, preserving,
165164 dehydrating, growing, r aising or other process; and
166165 7. “Producer” shall mean the person who produces a homemade
167166 food product in a home food establishment
168167 “Process” means operations a producer performs in the making or
169168 treatment of the producer ’s food or drink products;
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197195 8. “Producer” means any person who grows, harvests, prepares,
198196 or processes any food or drink products on the pe rson’s owned or
199197 leased property; and
200198 9. “Transaction” means the exchange of buying and selling .
201199 SECTION 2. AMENDATORY 2 O.S. 2021, Section 5-4.3, as
202200 amended by Section 1, Chapter 16, O.S.L. 2024 (2 O.S. Supp. 2024,
203201 Section 5-4.3), is amended to read as follows:
204202 Section 5-4.3. A. The production and sale of homemade food
205203 products that meet the following conditions shall be e xempt from all
206204 licensing and other requirements of the State Department of Health
207205 and the Oklahoma Departmen t of Agriculture, Food, and Forestry:
208206 1. Non-time- or -temperature-controlled-for-safety homemade
209207 food products shall be sold:
210208 a. by the producer direc tly to the informed end consumer,
211209 either in person or by remote means, including, but
212210 not limited to, the Internet or telephone, or
213211 b. by a producer’s designated agent or a third -party
214212 vendor, such as a retail or grocery store, farm, farm
215213 stand, farmers market, membership-based buying club,
216214 craft fair, or flea market, to the informed end
217215 consumer; provided, the third-party vendor displays a
218216 placard where homemade food products are displayed for
219217 sale with the following disclosure: “This product was
220218 produced in a private residence that is exempt from
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248245 government licensing and inspection. This product may
249246 contain allergens.”;
250247 2. Non-time- or -temperature-controlled-for-safety homemade
251248 food products shall be delivered:
252249 a. by the producer or producer ’s designated agent
253250 directly to the informed end consumer or third-party
254251 vendor, or
255252 b. by a third-party vendor or a third-party carrier, such
256253 as a parcel delivery service, to the informed end
257254 consumer or a third-party vendor;
258255 3. Time- or temperature-controlled-for-safety homemade food
259256 products shall be sold by the producer directly to the informed end
260257 consumer or third-party vendor, either in person or by remote means,
261258 including, but not limited to, the Internet or telephone;
262259 4. Time- or temperature-controlled-for-safety homemade food
263260 products shall be delivered by the producer directly to the informed
264261 end consumer or third-party vendor;
265262 5. Before a producer produces and sells or a third-party vendor
266263 sells on behalf of the producer time- or temperature-controlled-for-
267264 safety homemade food products, the producer and the third-party
268265 vendor selling on behalf of the producer shall complete and pass
269266 food safety training from a list of providers, including the
270267 ServSafe Food Handler Training, approved by the Oklahoma Depa rtment
271268 of Agriculture, Food, and Forestry. The food safety training shall
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299295 be available to complete online a nd shall not exceed eight (8) hours
300296 in length. The Oklahoma Department of Agriculture, Food, and
301297 Forestry shall make the list of approved training avai lable on its
302298 website by November 1, 2021;
303299 6. The following information shall be provided to the informed
304300 end consumer in the format required by subsection B of this section:
305301 a. the name and phone number of the producer,
306302 b. the physical address where t he product was produced,
307303 c. a description of the homemade food product,
308304 d. the ingredients of the homemade f ood product in
309305 descending order of proportion,
310306 e. a statement indicating the presence of any of the
311307 eight most common allergens, including milk, eggs,
312308 peanuts, tree nuts, soy , and wheat, and
313309 f. legible print stating, “This product was produced in a
314310 private residence that is exempt from government
315311 licensing and inspection. ”;
316312 7. If the homemade food product is packaged and distributed in
317313 interstate commerce, it shall also be sold and labeled in accordance
318314 with federal law; and
319315 8. Homemade food products shal l not contain seafood or meat,
320316 meat by-products byproducts, or meat food products as defined by 9
321317 C.F.R., Section 301.2 of Title 9 of the Code of Federa l Regulations
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349344 or poultry, poultry products , or poultry food products as defined
350345 for purposes of the federal Poultry Products Inspection Act.
351346 B. The information required by paragraph 6 of subsection A of
352347 this section shall be provided in a legible form at of at least 10-
353348 point ten-point font, in the following manner:
354349 1. On a label affixed to the package if th e homemade food
355350 product is packaged;
356351 2. On a label affixed to a container, if the homemade food
357352 product is offered for sale from a bulk container direc tly to the
358353 informed end consumer;
359354 3. On a placard displayed at the point of sale, and on a card
360355 or other item that is made available to the informed end consumer
361356 and is readily carriable if the homemade food product is not
362357 packaged; and
363358 4. Displayed on the webpage from which the homemade food
364359 product is offered for sale if it is sold on the Internet; provi ded,
365360 that each item sold over the Internet shall be properly labeled or
366361 shall have a label included in the shipping container.
367362 C. The provisions of the Homemade Food Freedom Act shall not
368363 prohibit the sale of homemade food for home consumption from a
369364 retail space located at the ranch, farm, or home where the food is
370365 produced. A retail space selling homemade food under the provisions
371366 of the Homemade Food Freedom Act shall inform the informed end
372367 consumer that the homemade food has not been inspected and sh all
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400394 display a sign indicating that the homemade food has not been
401395 inspected. If the retail space is in any way associated with a
402396 commercial food establ ishment or offers for sale any inspected
403397 product, the retail space selling homemade food shall comply with
404398 rules adopted by the Oklahoma Department of Agriculture, Food, and
405399 Forestry, which shall require:
406400 1. That each separate space shall include sign s or other
407401 markings clearly indicating which spaces are offering inspected
408402 items for sale and which spaces a re uninspected;
409403 2. That coolers, freezers, and warehouses or other storage
410404 areas shall be separated to prohibit the intermingling of inspected
411405 and uninspected products; and
412406 3. Any other requirements specified by the Department to ensure
413407 the sale of homemade foods is made to an informed end consumer.
414408 D. The producer shall inform the informed end consumer that any
415409 food product or food sold at a farme rs market or through ranch -,
416410 farm-, or home-based sales pursuant to the provisions of the
417411 Homemade Food Freedom Act is not certified, labeled, licensed,
418412 packaged, regulated, or inspected.
419413 E. The provisions of the Homemade Food Freedom Act shall not be
420414 construed to:
421415 1. Change the requirements for brand inspection or animal
422416 health inspections; or
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450443 2. Preclude an agency from providing assistance, consultation,
451444 or inspection, at the request of the producer.
452445 F. A homemade food product producer may obtain a re gistration
453446 number upon the payment of an annual fee of Fifteen Dollars ($15.00)
454447 to the Oklahoma Department of Agriculture, Food, and Forestry that
455448 is good for one (1) year from the date of its issue. The assigned
456449 registration number may be used on product la bels instead of the
457450 producer’s name, phone number, and the physical address of the
458451 location where the homemade food product was produced.
459452 SECTION 3. NEW LAW A new section of law to be codified
460453 in the Oklahoma Statutes as Section 5-32 of Title 2, unless there is
461454 created a duplication in numbering, reads as follows:
462455 A. Oklahoma dairy farms selling ungraded milk or ungraded milk
463456 products produced from their own livestock are exempt from the
464457 provisions of the Oklahoma Milk and Milk Prod ucts Act.
465458 B. Except as otherwise provided in subsection C of this
466459 section, nothing in Title 2 of the Oklahoma Statutes shall prohibit
467460 the sale of ungraded milk or ungraded milk products produced on the
468461 farm or property and sold directly to consumers i n this state.
469462 Ungraded milk and ungraded milk products sold pursuant to this
470463 section shall be produced by the livestock maintained on the dairy
471464 farm from which the ungraded milk or ungraded milk products are
472465 sold.
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500492 C. For sales of ungraded milk or ungraded mi lk products
501493 transported off the farm or property from which the ungraded milk or
502494 ungraded milk product s are produced for sales at a farmers market or
503495 by a third-party vendor, the farm shall:
504496 1. Be registered with the Oklahoma Department of Agriculture ,
505497 Food, and Forestry;
506498 2. Be sold at an approved farmers market as provided by the
507499 Department;
508500 3. Meet a monthly testing requirement as provided by the
509501 Department; and
510502 4. Submit testing results to the Department on a quarterly
511503 basis.
512504 D. Dairy farms selling items pursuant to this section shall
513505 assume all liability.
514506 SECTION 4. NEW LAW A new section of law to be codified
515507 in the Oklahoma Statutes as Section 5 -32.1 of Title 2, unless there
516508 is created a duplication in numbering, reads a s follows:
517509 A. Oklahoma producers of eggs selling ungraded eggs from their
518510 own flock production are exempt from Section 10 -71 et seq. of Title
519511 2 of the Oklahoma Statutes. Nothing in Title 2 of the Oklahoma
520512 Statutes shall prohibit the sale of ungraded eggs pro duced on a farm
521513 and sold directly to the informed end consumer. Ungraded eggs sold
522514 under this section shall be produced by hens maintained on the farm
523515 from which the eggs are sold.
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551542 B. Egg producers selling items pursuant to this section shall
552543 assume all liability.
553544 SECTION 5. AMENDATORY 2 O.S. 2021, Section 7 -414, is
554545 amended to read as follows:
555546 Section 7-414. A. The provisions of the Oklahoma Milk and Milk
556547 Products Act shall not be construed to:
557548 1. Include incidental sales of r aw milk directly to informed
558549 end consumers:
559550 a. at the farm where the milk is produced , or
560551 b. by transport used by the producer of raw milk ;
561552 2. Preclude the advertising of the incidental sale of cow or
562553 goat milk; and
563554 3. Prohibit any farmer or producer from making cheese using
564555 milk or cream produced on the farm of such farmer or producer.
565556 B. For purposes of this section, incidental sales of cow or
566557 goat milk are those sales where the average monthly number of
567558 gallons sold does not exceed one hundred (100) five hundred (500).
568559 SECTION 6. AMENDATORY 2 O.S. 2021, Section 10 -78, is
569560 amended to read as follows:
570561 Section 10-78. A. Oklahoma producers of eggs selling ungraded
571562 eggs from their own flock production are exempt from this
572563 subarticle. Nothing in this subarticle shall prohibit the sale of
573564 eggs produced on the farm and sold direct to the consumer. Eggs
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601591 sold under this section shall be produced by hens maintained on the
602592 farm from which the eggs are sold.
603593 B. A producer may sell grade d eggs if in compliance with this
604594 subarticle Section 10-71 et seq. of this title .
605595 SECTION 7. This act shall become effective November 1, 2025.
606-COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND WILDLIFE
607-February 17, 2025 - DO PASS AS AMENDED BY CS
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