OKLAHOMA CITY — Since November 1, 2021, Oklahomans may sell homemade food products that do not contain any meat, poultry, seafood, meat by-products, unpasteurized milk, cannabis, marijuana, or is an alcoholic beverage.  The allowable earnings for a home food business is $75,000 each year in sales.

NON-TIME OR TEMPERATURE-CONTROLLED FOR SAFETY HOMEMADE FOOD PRODUCTS

These are foods that do not require time or temperature control to limit the growth of harmful microorganisms or toxins.  These foods will have a pH level of 4.6 or less or a water activity (aw) value of 0.85 or less.  It is recommended that you have a sample of your food tested at a laboratory to determine if it meets these criteria.

This category of food is allowed to be sold directly or through a third-party vendor, including the internet, telephone, farmers markets, retail stores, buying clubs, and craft or flea markets.  They can be delivered to the consumer either directly or through a third-party vendor or delivery service.

TIME- OR -TEMPERATURE-CONTROLLED-FOR-SAFETY HOMEMADE FOOD PRODUCTS

These are foods that do require time or temperature control to limit the growth of harmful microorganisms or toxins.  These foods will have a pH level higher than 4.6 or a water activity (aw) value higher than 0.85.

This category of food is allowed to be sold directly to the consumer or through the internet or telephone.  They must be delivered directly to the consumer.  Third-party sales or delivery is not allowed for these foods.

Before you sell any of these foods, you must complete one of the following approved food safety trainings.

LIST OF APPROVED FOOD SAFETY TRAININGS

1. ServSafe Food Handler Training

2. ServSafe Food Manager Training

ServSafe classes may be found by contacting your county health department, https://www.servsafe.com/, or https://www.okrestaurants.com/servsafe.php.

LABELING REQUIRED

All foods made under this act must be labeled in the following ways:

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 consumer;
3. On a placard displayed at the point of sale, and on a card or other item that is made available to the 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.

The labels must contain all of the following information in a minimum of a 10-point size font:

1. the name and phone number of the producer,
2. the physical address where the product was produced,
3. a description of the homemade food product,
4. the ingredients of the homemade food product in descending order of proportion,
5. a statement indicating the presence of any of the eight most common allergens, including milk, eggs, peanuts, tree nuts, soy and wheat, and
6. legible print stating, “This product was produced in a private residence that is exempt from government licensing and inspection.”

If selling food through a third-party vendor, a placard must be visible where the homemade food products are displayed with the following disclosure:
“This product was produced in a private residence that is exempt from government licensing and inspection. This product may contain allergens.”

If you have any questions, please contact Justin McConaghy at justin.mcconaghy@ag.ok.gov.

–Oklahoma Agritourism