Cottage food laws in Oklahoma

The limits

Sales cap

$75,000 per year

You can sell

Both Time/Temperature Controlled for Safety (TCS) foods and non-TCS foods made on the premises of a residence, where gross annual sales of the food items are less than $75,000. Such items are exempt from licensing, inspection, and regulation by the Department.

You cannot sell

Meat, meat by-products, seafood, poultry, and poultry by-products. Alcohol, unpasteurized milk, and cannabis or marijuana products are also prohibited.

Getting set up

Permit / registration

No permit required to operate. An optional $15/year ODAFF registration (added by HB 2975, 2024) lets a producer use an ODAFF-issued identifier on labels instead of their name, home address, and phone number.

Cost

None required; $15/year if opting into the optional privacy registration.

Training

Only for TCS foods — individuals who make TCS foods for sale are required to complete and pass a food safety training course. No training requirement is stated for non-TCS foods.

Kitchen inspection

No routine inspection — the State Health Department may still investigate a homemade food facility if there is a reported foodborne illness.

Labeling

Name, address, and phone number of the producer; a description of the product; a list of ingredients including allergens; and the statement "This product was produced in a private residence that is exempt from government licensing and inspection."

Where you can sell

Permitted venues

Non-TCS foods may be sold direct to the consumer, delivered, or sold through a third-party vendor such as a grocery or retail store; the store must post a placard at the point of sale reading “This product was produced in a private residence that is exempt from government licensing and inspection. This product may contain allergens.” TCS foods may only be sold direct to the consumer or delivered. Beekeepers exempt from licensure may also sell through a third-party vendor.

Online sales

Yes with restrictions — permitted for both categories provided labeling requirements appear on the webpage and shipping container; TCS items are still limited to direct-to-consumer transactions.

Delivery in state

Yes

Shipping out of state

Not confirmedUnverified — OSDH's own policy letter on HB 1032 is silent on sales outside Oklahoma, and the statute itself (63 O.S. § 1-1119, Homemade Food Freedom Act) could not be retrieved in readable form to check directly for interstate/geographic language. Secondary sources conflict: some describe Oklahoma as unusually permissive of cross-state sales for non-perishable items, while others state the Act protects only in-state direct-to-consumer sales and that shipping out of state drops the transaction into FDA jurisdiction. Federal rules govern interstate commerce regardless of state permissiveness. Confirm with ODAFF Food Safety Division or OSDH Consumer Health Service (405-426-8250, ConsumerHealth@health.ok.gov) before shipping out of state.

The fine print

Statute

Homemade Food Freedom Act, HB 1032 (2021), signed May 10, 2021, effective November 1, 2021; codified at 63 O.S. § 1-1119, amending the Home Bakery Act of 2013.

Recent changes

HB 2975 (2024) added the optional $15/year ODAFF registration/identifier system for label-privacy purposes, effective 2024.

Notes

Oklahoma's original Homemade Food Freedom Act took effect November 1, 2021 (enacted via HB 1032). The exact statute number was cross-checked against Justia's Oklahoma Statutes mirror since the ODAFF page itself does not print the code citation. Interstate shipping status is not addressed on the ODAFF page and should be confirmed directly.