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Selling homemade food in Oklahoma means your label has to follow the Oklahoma Homemade Food Freedom Act — 2 O.S. §§ 5-4.1 to 5-4.6, in force since 1 November 2021, when HB 1032 replaced the Home Bakery Act of 2013. No licence, no inspection and no mandatory registration; gross annual sales of prepared food must stay under $75,000. Foods above pH 4.6 or 0.85 water activity may only be sold by the producer directly to the consumer and delivered by the producer, and require an approved food safety training first; everything below may also be sold through retailers, markets and parcel carriers. Here is exactly what that label must show in 2026 — the required fields, the allergen rule, and the verbatim disclaimer and its font size — sourced to the statute and dated.
Print this statement on the label, word for word:
The 10-point minimum applies to the WHOLE required block — name, phone, address, product description, ingredients, allergens and the statement — not to the statement alone. Heads-up: the statutes still carry a second, different sentence at 2 O.S. § 5-4.4 (“Made in a home food establishment that is not licensed by the State Department of Health.”), which HB 1032 amended but never repealed; ODAFF, the agency that enforces the Act, publishes only the § 5-4.3 sentence above. A third-party seller must also display a placard with a longer text ending “This product may contain allergens.” — that extra sentence belongs on the placard, never on your label. The optional $15-a-year ODAFF registration number (OKFFA-###-MMYY) replaces your name, phone and address; it is never an extra field.
Two corrections to how Oklahoma is usually described. First, the Home Bakery Act of 2013 no longer exists: HB 1032 (2021) renamed it the Homemade Food Freedom Act, rewrote every operative section, and took effect November 1, 2021. There are not two live regimes to choose between — the Home Bakery Act text was amended out, not left standing beside a newer law. Second, the administering agency is the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF), not the Oklahoma State Department of Health (OSDH). OSDH's own 09/14/2021 guidance memo says so in its opening line, and OSDH's role is now confined to foodborne-illness investigation. The statute lives in Title 2 (Agriculture) at 2 O.S. §§ 5-4.1 to 5-4.6; the older 63 O.S. § 1-1118.1 placement is the pre-2017 codification, renumbered into Title 2 by Chapter 85, O.S.L. 2017, and citing it today points at the wrong title and the wrong agency. Under the Act in force on 2026-08-17, a 'home food establishment' is a business on the premises of a residence in which homemade food products are created for sale or resale, with gross annual sales of prepared food of less than $75,000. A 'producer' is the person who produces a homemade food product in a home food establishment; the OSU FAPC fact sheet notes that there is no age or citizenship condition, only a residence in Oklahoma in which to produce. Production must occur in a residence. Where the Act's conditions are met, production and sale are exempt from all licensing and other requirements of both OSDH and ODAFF — no permit, no inspection, no plan review. The Act splits products into non-time-or-temperature-controlled-for-safety (non-TCS, pH 4.6 or below or water activity 0.85 or less) and time-or-temperature-controlled-for-safety (TCS), and the two categories carry different sales channels and different training duties. A CHANGE IS ALREADY LAW BUT NOT YET IN FORCE: HB 3720, passed April 2026 and signed by Governor Stitt in May 2026, renames the statute the Local Food Freedom Act, raises the threshold to $250,000, drops the 'premises of a residence' restriction in favour of 'any location, including on the premises of a residence but excluding restaurants', and adds a condition that the producer comply with all local zoning and building code laws. Its effective date is November 1, 2026 — after today's date — so everything stated in this record as current law is the pre-HB-3720 text, and it changes in roughly ten weeks.
Allowed:
Not allowed under the program:
$75,000 in gross annual sales of prepared food, today. The definition at 2 O.S. § 5-4.2(1) requires the business to have gross annual sales of prepared food of LESS THAN $75,000; HB 1032 raised it from the Home Bakery Act's $20,000, a ceiling no longer in force. The cap counts all sales of prepared food produced by the business at any location, so a second selling location does not reset it. Exceeding it does not carry a graduated penalty — it removes the business from the definition of a home food establishment, and FAPC-242 states plainly that the producer must then move to a commercially inspected kitchen or a co-packer. ODAFF may, upon a consumer complaint, request written documentation to verify a home food establishment's gross annual sales (§ 5-4.3(C), and § 5-4.4 as to gross sales verification generally). FORWARD-DATED: HB 3720 replaces $75,000 with $250,000 effective November 1, 2026, and rewrites the definition to cover a business 'at any location, including on the premises of a residence but excluding restaurants'. A producer planning 2027 volume should plan against $250,000; a producer selling in August 2026 is still bound by $75,000.
Oklahoma requires no state permit or registration for a cottage food operation.
Fee: $0 to operate. The only fee anywhere in the Act is the voluntary $15 annual registration fee at 2 O.S. § 5-4.3(C), paid to ODAFF for a registration number good for one year from the date of issue, whose sole function is to replace the producer's name, phone and home address on the label. A producer who is content to print a home address pays nothing.
Renewal: The voluntary registration number is good for one year from the date of its issue and is renewed annually for $15. FAPC-242 documents the number format as OKFFA-###-MMYY, giving the example OKFFA-999-0125 issued January 2025 and due for renewal in January 2026, which confirms renewal runs from the issue month rather than a calendar year. There is nothing to renew for a producer who does not register.
Conditional, and it is the one mandatory hurdle in the Oklahoma regime. Non-TCS producers face no training requirement. For TCS products, § 5-4.3(A)(5) requires that BEFORE a producer produces and sells them, the producer complete and pass food safety training from a list of providers approved by ODAFF, including ServSafe Food Handler Training. The statute caps the burden: the training must be available to complete online and must not exceed eight (8) hours in length. ODAFF's published list of approved trainings comprises OSU Homemade Food Freedom Act workshops (2026 dates listed as February 25 Stillwater, March 25 Pryor, May 14 Stillwater, July 14 Oklahoma City, September 10 Tulsa, November 17 Stillwater), ServSafe Food Handler Training, ServSafe Food Manager Training, the 'Do it Right, Serve it Safe!' food employee permit training, and any other ANSI-accredited food handler training on the list ODAFF links. Upon a consumer complaint ODAFF may request proof of completion (§ 5-4.4). FORWARD-DATED AND UNRESOLVED: in the enrolled text of HB 3720 the amendment to this paragraph reads 'the producer any person producing the local food shall complete and pass food safety training' — the substituted phrase is broader than 'the producer', and the retained lead-in still refers to TCS products. Strike-through and underscore formatting is not recoverable from the extracted text, so whether after November 1, 2026 the training duty extends to non-TCS producers or to helpers could not be determined from the enrolled bill and should be confirmed with ODAFF before that date.
No. There is no routine inspection, no pre-opening inspection and no right of entry to the residence in the Act. Compliant production and sale are exempt from all licensing and other requirements of OSDH and ODAFF, and the mandatory label sentence tells the consumer exactly that: the product was produced in a private residence that is exempt from government licensing and inspection. Oversight is complaint-driven and documentary rather than on-site. Under § 5-4.4, upon receipt of a consumer complaint ODAFF may request proof of completion of the food safety training, verify the producer's gross sales, and ensure the producer has complied with the labeling and delivery requirements; § 5-4.3(C) separately allows ODAFF to request written documentation of gross annual sales upon a consumer complaint. Violations are punishable by a fine not exceeding $300 (§ 5-4.5, raised by HB 1032 from $100). HB 1032 also removed the misdemeanour characterisation that the Home Bakery Act had attached to violations. Nothing in the Act impedes OSDH in any investigation of a reported foodborne illness, and OSDH's memo records the referral split: complaints about home-produced food go to ODAFF, foodborne-illness complaints go to OSDH.
Counties keep a limited power; municipalities are not addressed. Section 5-4.6 provides that nothing in the Act prevents COUNTIES from enacting ordinances regulating the operation of home food establishments, provided such ordinances do not conflict with the Act or impede or restrict the sale of homemade food products in compliance with the law. That is a narrow window: an ordinance that has the effect of restricting compliant sales is outside it. The Act as it stands today does not name municipalities, cities or other political subdivisions in that section — by contrast the honey provision HB 1032 amended into 63 O.S. § 1-1331(B) does expressly bar any county, municipal corporation, consolidated government or political subdivision from prohibiting, impeding or restricting compliant honey sales, so the drafters used the broader formula where they meant it. Today's Act contains no requirement to comply with local zoning. FORWARD-DATED: HB 3720 adds a new § 5-4.3(A)(9) making it a condition of the exemption that 'the producer complies with all local zoning and building code laws', effective November 1, 2026 — a producer whose home kitchen sits in a district that forbids home businesses gains a compliance question on that date that does not exist in August 2026. Sales tax is a separate and unavoidable local obligation: per FAPC-242 citing the Oklahoma Tax Commission, city, county and state sales tax must be collected, determined by the point of sale, and a sales tax permit is required to collect it.
Program sources: Enrolled House Bill No. 1032, 2021 (renaming the Home Bakery Act of 2013 as the Homemade Food Freedom Act; amending 2 O.S. §§ 5-4.1 to 5-4.6 and 63 O.S. § 1-1331; $75,000 threshold, TCS/non-TCS channels, training, labeling, $300 fine, county ordinances; effective November 1, 2021), full text — https://www.oklegislature.gov/cf_pdf/2021-22%20ENR/hB/HB1032%20ENR.PDF · Enrolled House Bill No. 2975, 2024 (amending 2 O.S. § 5-4.3 to add the voluntary $15 annual registration number usable on labels in place of producer name, phone and address; effective November 1, 2024), full text — https://www.oklegislature.gov/cf_pdf/2023-24%20ENR/hB/HB2975%20ENR.PDF · Enrolled House Bill No. 3720, 2026 (renaming the Homemade Food Freedom Act as the Local Food Freedom Act; threshold raised to $250,000; 'any location ... excluding restaurants'; new local zoning and building code condition; 'private facility' wording; deletion of the § 5-4.4 label statement; effective November 1, 2026), full text — https://www.oklegislature.gov/cf_pdf/2025-26%20ENR/hB/HB3720%20ENR.PDF · Oklahoma State Department of Health, 'Homemade Food Freedom Act Guidance', 09/14/2021 (ODAFF named primary regulatory authority; general prohibitions with statutory citations; $75,000; production in a residence only; complaint referral split between ODAFF and OSDH; resale requires licensure per 63 O.S. §§ 1-1118, 1-1119 and OAC 310:257-1-2) — https://oklahoma.gov/content/dam/ok/en/health/health2/aem-documents/protective-health/consumer-health-services/food-service/ffa-memo.pdf · Oklahoma Department of Agriculture, Food, and Forestry, Food Safety Division page (non-TCS and TCS definitions and channels, third-party sale barred for TCS, list of approved food safety trainings with 2026 OSU workshop dates, optional registration form, labeling requirements, complaint form) — https://ag.ok.gov/divisions/food-safety/ · Oklahoma State University, Robert M. Kerr Food and Agricultural Products Center, fact sheet FAPC-242, 'Homemade Food Freedom Act: House Bill No. 1032 - Replaces the Home Bakery Act of 2013 and 2017', January 2025 (permissible and non-permissible food tables, ingredient-versus-product distinction, TCS examples, nine-allergen list, sales tax, $75,000 exit consequence, HB 2975 registration and OKFFA number format) — https://pods.okstate.edu/fact-sheets/FAPC-242.pdf
Oklahoma is a pure-exemption state with no permit and no registration number, but its label is unusually demanding on privacy and wording. The statute requires the producer's PHYSICAL home address AND phone number on every label, and the Act carries TWO distinct mandated statements from two overlapping provisions: the section 5-4.3(A)(6)(f) line "This product was produced in a private residence that is exempt from government licensing and inspection" and the section 5-4.4 line "Made in a home food establishment that is not licensed by the State Department of Health." A producer who both makes homemade food products and operates a home food establishment selling prepared food may need both, so the safest label prints both. Note the statute enumerates only six example allergens (milk, eggs, peanuts, tree nuts, soy, wheat) while referring to "the eight most common allergens."
HB 1032 amended 2 O.S. § 5-4.4 but never repealed it, so the Oklahoma Statutes still carry the old Home Bakery line, “Made in a home food establishment that is not licensed by the State Department of Health.”, next to the one the exemption actually turns on at § 5-4.3(A)(6)(f). ODAFF, the agency that enforces the Act and takes the complaints, publishes only the § 5-4.3 sentence on its labeling page, and so does OSU's FAPC-242. Print that one. Adding the older line as well is harmless; printing ONLY the older line is not.
section 5-4.3(A)(6)(f) prescribes "This product was produced in a private residence that is exempt from government licensing and inspection." while section 5-4.4 prescribes "Made in a home food establishment that is not licensed by the State Department of Health." They are cumulative, not contradictory: section 5-4.3 governs homemade food products generally and section 5-4.4 governs a home food establishment selling prepared food. If you fall under both, print both; confirm current wording with ODAFF. Also watch the placard version resellers must post, which adds "This product may contain allergens."
section 5-4.3(A)(6) requires the physical address where the product was produced plus the producer's name and phone number — the statute provides no PO-box or business-address substitute. Producers selling direct-to-consumer should plan for this privacy exposure.
Time/temperature-controlled-for-safety foods require the producer to first complete and pass an ODAFF-approved food safety course (e.g., ServSafe Food Handler; the training must be available online and may not exceed 8 hours), and TCS foods may only be sold and delivered by the producer directly to the consumer — no third-party vendors, farm stands, or shipping. Non-TCS foods have far more flexible channels (including third-party vendors and parcel delivery).
Homemade food products may not contain seafood or any meat/meat by-products/meat food products or poultry products (section 5-4.3(A)(8)); alcohol, unpasteurized milk, and cannabis products are likewise excluded from the definition. The at-least-10-point-font minimum (all section 5-4.3(B) info) and the contrasting-color requirement (for the section 5-4.4 statement) are easy to miss on small packaging.
§ 5-4.3(B) applies the 10-point minimum to the whole required block — your name, phone, address, the product description, the ingredient list, the allergen statement AND the sentence. A label that sets the disclaimer at 10 pt and the ingredients at 6 pt is not compliant.
The statute says “the eight most common allergens” and then names six of them (milk, eggs, peanuts, tree nuts, soy, wheat). It was written before sesame became the ninth federal allergen. ODAFF's own page and FAPC-242 (January 2025) both list nine, sesame included, and ask you to name the specific tree nut used — pecan, almond, walnut, coconut. Follow the agency, not the count in the statute.
HB 2975 (signed April 2024, effective 1 November 2024) created a voluntary $15-a-year ODAFF registration whose number, formatted OKFFA-###-MMYY, REPLACES your name, phone number and home address on the label. It is a privacy option, not an additional requirement, and it is the only way to keep your home address off every jar you sell. It expires on the anniversary month printed in the number.
Time- or temperature-controlled foods — cheesecakes, cream fillings, anything above pH 4.6 and 0.85 aᵥ — may only be sold by you, directly to the consumer, and delivered by you. No grocery store, no farmers-market third-party booth, no parcel carrier. And you must have completed an ODAFF-approved food safety training first (ServSafe Food Handler, the OSU workshops, or any ANSI-accredited course); the law caps it at eight hours and requires it to be available online.
When a retailer, farm stand or flea-market vendor sells your food for you, the LAW puts an obligation on them too: a placard where the products are displayed, reading “This product was produced in a private residence that is exempt from government licensing and inspection. This product may contain allergens.” Note the second sentence — it belongs on the placard only, never on your label.
Homemade food products may not contain seafood, meat, meat by-products or poultry products as federally defined, nor alcohol, unpasteurised milk, cannabis or marijuana. And the $75,000 ceiling counts ALL sales of prepared food produced by the business at any location. On a consumer complaint ODAFF may demand written documentation of your gross sales, proof of your food safety training, and compliance with the labeling and delivery rules; a violation is a misdemeanour carrying a fine of up to $300.
Timeline: Immediate for non-TCS foods — no application, permit, inspection, or registration number; you may sell as soon as your label is compliant. For TCS foods, allow time to complete an ODAFF-approved food safety course (e.g., ServSafe Food Handler, online, max 8 hours) before your first sale.
Cost: $0 — no permit or registration required. The only potential out-of-pocket cost is an ODAFF-approved food safety course if you make time/temperature-controlled foods (ServSafe Food Handler is roughly $15); non-TCS producers pay nothing.
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Make my Oklahoma label →Oklahoma requires this exact statement on a cottage food label: “This product was produced in a private residence that is exempt from government licensing and inspection.” It must be set at a minimum of 10-point type.
No. Oklahoma does not require a permit or registration number printed on the label.
At minimum: product name — the common name of the food; your business / producer name; the address of the cottage food operation; a complete ingredient list, in descending order by weight (sub-ingredients included); an allergen declaration — the 9 major FDA allergens, in the ingredient list or a “Contains:” line; net weight, in US customary and metric units; the state's required disclaimer at a minimum of 10-point type (see below); a telephone number for the operation.
No. Oklahoma requires no state cottage food permit or registration. $0 to operate. The only fee anywhere in the Act is the voluntary $15 annual registration fee at 2 O.S. § 5-4.3(C), paid to ODAFF for a registration number good for one year from the date of issue, whose sole function is to replace the producer's name, phone and home address on the label. A producer who is content to print a home address pays nothing.
Allowed: Non-TCS baked goods: breads and sweet breads, cookies, brownies and fudge, donuts, muffins, scones, cakes with hard icings or frostings, fruit pies with fruit and sugar fillings (FAPC-242 examples); Candies, tarts, tortillas, trail mix, granola, further processed nuts and nut butters, popcorn, dry mixes, dry pasta; Fruit jams and jellies, where the recipe follows the Ball Blue Book of Canning and Preserving or USDA-National Center for Home Food Preservation guidance; Most fermented and pickled foods, salsas, most processed fruits, most fruit juices; Roasted coffee beans, coffee, soda pop, plain seltzer and other non-alcoholic drinks; beverages under 0.5% alcohol such as kombucha; Honey, including flavoured or blended honeys and honey from out-of-state hives (raw unadulterated honey from Oklahoma hives producing under 500 gallons is instead sold under the Honey Sales Act, 63 O.S. § 1-1331); TCS foods are also permitted, subject to mandatory food safety training and direct-to-consumer sale and delivery only: perishable baked goods, cakes with custard filling, custard or meringue pies, cheesecake, pumpkin, sweet potato and pecan pie, sauces, butters, ice cream, cheese, cooked pasta, cooked eggs, some processed fruits, processed vegetables, cooked beans, cooked rice, cooked potatoes, flavoured tea and coffee-based beverages such as lattes and Thai teas, smoothie-type beverages (FAPC-242 examples); Canning is expressly within the definition of 'produce' at 2 O.S. § 5-4.2(6), alongside cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing and raising; Commercially available pasteurized milk and milk products, eggs, commercially available chicken broth or bouillon without a USDA symbol, and fresh or processed fruit, vegetables and nuts may be used as INGREDIENTS even where the raw commodity itself may not be sold under the Act.
$75,000 in gross annual sales of prepared food, today. The definition at 2 O.S. § 5-4.2(1) requires the business to have gross annual sales of prepared food of LESS THAN $75,000; HB 1032 raised it from the Home Bakery Act's $20,000, a ceiling no longer in force. The cap counts all sales of prepared food produced by the business at any location, so a second selling location does not reset it. Exceeding it does not carry a graduated penalty — it removes the business from the definition of a home food establishment, and FAPC-242 states plainly that the producer must then move to a commercially inspected kitchen or a co-packer. ODAFF may, upon a consumer complaint, request written documentation to verify a home food establishment's gross annual sales (§ 5-4.3(C), and § 5-4.4 as to gross sales verification generally). FORWARD-DATED: HB 3720 replaces $75,000 with $250,000 effective November 1, 2026, and rewrites the definition to cover a business 'at any location, including on the premises of a residence but excluding restaurants'. A producer planning 2027 volume should plan against $250,000; a producer selling in August 2026 is still bound by $75,000.
No. CottageCompliance gives general information based on each state's published rules, dated to when we last verified them. Always confirm with your state or local agency before selling.
Source: Enrolled HB 1032 (2021) — §§ 5-4.1 to 5-4.6, Oklahoma State Department of Health. Labeling detail, the nine-allergen list and the placard text: ODAFF Food Safety Division. Registration number, $15 fee and HB 2975 (eff. 1 November 2024): OSU Robert M. Kerr FAPC-242, January 2025. Verified 2026-08-10. General information, not legal advice — confirm with your state or local agency before selling.