Homemade Food Freedoms Act

HOMEMADE FOOD FREEDOM ACT

The new Homemade Food Freedom Act became effective November 1, 2021. For more information click here.

What are the limitations of the act?

Homemade food products shall not contain seafood or meat, meat by-products or meat food products as defined by Section 301.2 of Title 9 of the Code of Federal Regulations or poultry, poultry products or poultry food products as defined for purposes of the federal Poultry Products Inspection Act.

Will I be able to sell my product at farmers markets, stores, and/or restaurants?

The type of product you are producing determines where and how it can be sold. For more information click here

Will I be subject to other rules and requirements?

Yes, it is possible that there are local ordinances, Tax Commission, and/or U.S. Food and Drug Administration (FDA) rules that may be in effect.

What information needs to be provided to the consumer?

The following information must be included on the label, placard, and/or webpage:

a. Name and phone number of the producer

b. Physical address where the product was produced

c. Description of the product

d. The ingredients

e. Statement indicating the presence of any of the eight most common allergens (Peanuts, Tree Nuts, Fish, Crustacean, Eggs, Milk, Wheat, Soy)

f. Legible print stating “This product was produced in a private residence that is exempt from government licensing and inspection.”

How do I calculate whether my business makes $75,000 or more?

Gross annual sales includes all sales of prepared food produced by the business at any location. The total of all sales must be less than $75,000.

What food products are covered by the Act?

“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

If I have a concern in regards to a product I purchased from a Home Food Establishment would the Health Department investigate?

No. HB1032 exempted Home Food Establishments (with gross annual sales of less than $75,000) from licensure with the Oklahoma State Department of Health.

Who do I contact if I have any questions?

Contact the Oklahoma Department of Agriculture Food and Forestry at (405) 521-3864. Or visit their Food Safety division website here