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SENATE FLOOR VERSION
February 17, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 939 By: Frix and Bullard
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 prod ucts 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 limit;
amending 2 O.S. 2021, Section 10 -78, which relates to
the sale of eggs; removing certain sales; updating
statutory references; 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 which homemade food products are created
for sale or resale if the business has gross annual sales of
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prepared food of less than Seventy -five Thousand Dollars
($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 are 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 regulated;
4. “Informed end consumer ” means a person who is the last
person to purchase any product, who does not resell the product, and
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who has been informed that the product is not licensed, regulated,
or inspected;
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 in a form c apable of
supporting rapid and progressive growth of infectious or toxigenic
microorganisms; provided, however, time - or temperature-controlled
for safety shall not include foods that hav e a pH level of four and
six-tenths (4.6) or below or a water activit y (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
“Process” means operations a producer performs in the making or
treatment of the producer ’s food or drink products;
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8. “Producer” means any person who grows, harvests, prepares,
or processes any food or drink products on the person ’s owned or
leased property; and
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 c onditions shall be exempt from all
licensing and other requirements o f 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 third -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 exempt from
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government licensing and inspection. This product may
contain allergens.”;
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 delivere d 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 and the 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 Forestry. The f ood safety training shall
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be available to complete online and shall not exceed eight (8) hours
in length. The Oklahoma Department of Agriculture, Food, and
Forestry 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 product 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, and
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 distribut ed in
interstate commerce, it shall also be sold and labeled in accor dance
with federal law; and
8. Homemade food products shall not contain seafood or meat,
meat by-products byproducts, or meat food products as defined by 9
C.F.R., Section 301.2 of Title 9 of the Code of Federal Regulations
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or poultry, poultry products , or poultry food products as defined
for purposes of the federal Poultry Products Inspection Act.
B. The information required by paragraph 6 of subsection A of
this section shall be provid ed in a legible format of at least 10-
point ten-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 point 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 if 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 food 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 provisi ons
of the Homemade Food Freedom Act shall inform the informed end
consumer that the homemade food has not been inspected and shall
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display a sign indicating that the homemade food has not been
inspected. If the retail space is in any way associated with a
commercial food establishment or offers for sale any inspected
product, the retail space selling homemade food shall comply with
rules adopted by the Oklahoma Department of Agriculture, Food, and
Forestry, which shall require:
1. That each separate spac e shall include signs or other
markings clearly indicating which spac es are offering inspected
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 requireme nts specified by the Department 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 provisions 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
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2. Preclude an agency from providing assistance, consultation,
or inspection, at the request of the producer.
F. A homemade food product prod ucer may obtain a registration
number upon the payme nt 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 address 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, reads 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. Except as otherwise provided in subsection C of this
section, nothing in Title 2 of the Oklahoma Statutes shall prohibit
the sale of ungraded milk or ungraded milk products produced on the
farm or property and sold directly to consumers in this state.
Ungraded milk and ungraded milk pr oducts 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.
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C. For sales of ungraded milk or ungraded milk products
transported off the farm or property from which the ungraded milk or
ungraded milk product s are produced for sales at a farmers market or
by a third-party vendor, the farm shall:
1. Be registered with the Oklahoma Department of Agriculture,
Food, and Forestry;
2. Be sold at an approved farmers market as provided by the
Department;
3. Meet a monthly testing requirement as provided by the
Department; and
4. Submit testing results to the Department on a quarterly
basis.
D. Dairy farms selling items pursuant to this secti on shall
assume all liability.
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 exempt 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 a farm
and sold directly 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.
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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.
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 prohibi t the sale of
eggs produced on the farm and sold direct to the consumer. Eggs
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sold under this section shall 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.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND WILDLIFE
February 17, 2025 - DO PASS AS AMENDED BY CS