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Oklahoma cottage food law

Selling home-baked goods in Oklahoma

How home bakers in Oklahoma can sell what they make: the sales limit, permits, training, where you can sell and the statement your labels must carry.

At a glance

Sales limit
Up to $250,000 a year in sales.
License or permit
No state permit or registration is required.
Food safety training
Only for time- or temperature-controlled (refrigerated) foods; not required for shelf-stable foods.
Online orders
Allowed: remotely, such as by internet or telephone.
Label statement
“This product was produced in a facility that is exempt from government licensing and inspection.”

About this information. Oklahoma’s rules are summarized from the latest publicly available state laws, regulations and agency guidance, last checked November 3, 2026. Laws change, and county and city health departments may have their own requirements. This is not legal advice. Before you sell, confirm the rules with your state or local health department.

Local food establishment (Local Food Freedom Act, formerly Homemade Food Freedom Act)

2 O.S. 5-4.1 to 5-4.6 (Local Food Freedom Act, as amended by HB 3720, eff. 2026-11-01); OAC 35:37 Subchapter 19 (Homemade Food), incl. 35:37-19-3 and 35:37-19-5; OAC 310:257-1-4 and 310:257-5-68(c) (OSDH food establishment rules) · Laws 2013, c. 40 (the Home Bakery Act of 2013, first at 63 O.S. 1-1440); moved to Title 2 by Laws 2017, c. 85; renamed and rewritten as the Homemade Food Freedom Act by HB 1032 (Laws 2021, c. 441, eff. 2021-11-01); optional registration number added by HB 2975 (2024; 5-4.3 history shows Laws 2024, c. 16, eff. 2024-11-01); renamed Local Food Freedom Act with a higher cap by HB 3720 (signed 2026-05-05, effective 2026-11-01)

Yearly sales limit
$250,000
Gross annual sales of prepared food must be less than $250,000, counting all prepared food the business makes, at any location (2 O.S. 5-4.2(1) as amended by HB 3720, in effect since 2026-11-01; ODAFF Food Safety page: 'Annual sales are capped at $250,000'). Before 2026-11-01 the limit was less than $75,000. No inflation adjustment.
Permit or registration
No
Oklahoma Department of Agriculture, Food, and Forestry (ODAFF), Food Safety Division
Fee: $15
Official page
Food safety training
Only for time- or temperature-controlled (refrigerated) foods; not required for shelf-stable foods
For TCS foods: complete and pass food safety training from ODAFF's approved list before selling (2 O.S. 5-4.3(A)(5); OAC 35:37-19-3(e)). ODAFF's Food Safety page lists OSU Homemade Food Freedom Act workshops (2026), ServSafe Food Handler or ServSafe Manager, Do it Right, Serve it Safe! Food Employee Permit Training, or any other ANSI-accredited food handler training.
Where you make it
A 'local food establishment' at any location, including a residence, but not a restaurant (2 O.S. 5-4.2 as amended by HB 3720, in effect since 2026-11-01; ODAFF Food Safety page: the business 'cannot be a "restaurant" and must comply with any local codes or zoning laws'). Before 2026-11-01 the food had to be made at a residence. No kitchen standards, pet rules, or inspection are set by the Act.
Selling in person
Allowed: directly by the producer to the consumer, in person (2 O.S. 5-4.3(A)(1)(a))
Phone and online orders
Allowed: remotely, such as by internet or telephone (2 O.S. 5-4.3(A)(1)(a)). The label information must be on the product's web page, and each item must be labeled or a label put in the shipping container (5-4.3(B)(4)).
Delivery and shipping
Allowed: by the producer or a designated agent directly to the consumer or a third-party vendor (2 O.S. 5-4.3(A)(2)(a))
Selling out of state
Not allowed per OSU Extension (sales and delivery in Oklahoma only). The statute and OAC 35:37-19-3(f) only say products distributed in interstate commerce must also follow federal law. This app supports in-state sales only.
Stores and wholesale
Allowed: through a third-party vendor such as a retail or grocery store, which must display a placard with the disclosure (2 O.S. 5-4.3(A)(1)(b)). A licensed food establishment selling the product or using it in another food must post the disclosure at the point of sale or on the menu (OAC 310:257-5-68(c)). A restaurant cannot be a local food establishment (HB 3720, from 2026-11-01); whether a restaurant may resell the products as a third-party vendor is not addressed.

Examples you can sell

Homemade food products (food, including beverages) that do not need time or temperature control for safety, e.g. a pH of 4.6 or below or a water activity of 0.85 or less (2 O.S. 5-4.2). No meat, poultry, or seafood (5-4.3(A)(8)). Refrigerated (TCS) foods are also allowed with training and direct sales only, but are outside this app.

  • Breads and cookies (OSU Extension FAPC-242)
  • Candies (OSU Extension)
  • Dry mixes (OSU Extension)
  • Jams and jellies made to Ball Blue Book or NCHFP standards (OSU Extension)
  • Most pickled and fermented foods (OSU Extension; must meet the pH 4.6 or water activity 0.85 test to count as non-TCS)
  • Honey, with restrictions (OSU Extension)
  • Extracts sold as food (OSU Extension)
  • Beverages under 0.5% alcohol, such as kombucha (OSU Extension)

Not allowed

  • Seafood, meat, meat by-products, and meat food products (9 C.F.R. 301.2), and poultry, poultry products, and poultry food products (2 O.S. 5-4.3(A)(8))
  • Alcoholic beverages (2 O.S. 5-4.2)
  • Unpasteurized milk (2 O.S. 5-4.2)
  • Cannabis or marijuana products (2 O.S. 5-4.2); OSU Extension adds CBD and hemp
  • Meat and poultry by-products such as lard, tallow, and broth, unless commercially prepared (OSU Extension)
  • Casseroles, empanadas, and similar items containing meat, poultry, seafood, or fish (OSU Extension)
  • Eggs in the shell (Oklahoma Egg Law, per OSU Extension)
  • Pasteurized dairy products such as milk (need dairy inspection, per OSU Extension)
  • Whole, unprocessed fruits, vegetables, and nuts (farm products, per OSU Extension)
  • Pet foods and treats (regulated by ODAFF, per OSU Extension)

The statement your labels must carry

This product was produced in a facility that is exempt from government licensing and inspection.

In type at least 10 point.

Common questions about Oklahoma’s cottage food law

Can I sell baked goods from home in Oklahoma?

Yes. Oklahoma lets home bakers sell food made in their own kitchen as a local food establishment (Local Food Freedom Act, formerly Homemade Food Freedom Act). Most baked goods that don’t need refrigeration qualify; see the examples on this page.

Do I need a license or permit to sell baked goods in Oklahoma?

No state permit or registration is required.

How much can I sell from home in Oklahoma?

Up to $250,000 a year in sales.

Do I need food safety training in Oklahoma?

Only for time- or temperature-controlled (refrigerated) foods; not required for shelf-stable foods.

Can I sell online or ship my baked goods in Oklahoma?

Online and phone orders: Allowed: remotely, such as by internet or telephone. Delivery and shipping: Allowed: by the producer or a designated agent directly to the consumer or a third-party vendor.

What must a cottage food label say in Oklahoma?

Labels must carry this statement: “This product was produced in a facility that is exempt from government licensing and inspection.”, in type at least 10 point. Most states also require the product name, ingredients in order of weight, allergens, net weight, and your name and address.

Home and Hearth Baker knows Oklahoma’s rules

The program puts Oklahoma’s required wording on every label for you, tracks your sales against any yearly limit, and updates for free when the rules change.

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Official sources

  1. ODAFF: Food Safety Division page (Local Food Freedom Act section; label and placard statement, $250,000 cap, training list, registration links; checked 2026-11-03)
  2. ODAFF: Local Food Freedom Act Producer Registration Form (printable, 2026/09 upload; could not be opened)
  3. ODAFF: Online Producer Registration
  4. 2 O.S. 5-4.1 Short title - Homemade Food Freedom Act (Justia, 2025 Oklahoma Statutes)
  5. 2 O.S. 5-4.2 Definitions (Justia, 2025)
  6. 2 O.S. 5-4.3 Conditions for exemption from licensing and other requirements (Justia, 2025)
  7. 2 O.S. 5-4.4 Reported foodborne illness; ODAFF authority (Justia, 2025)
  8. 2 O.S. 5-4.5 Violations (Justia, 2025)
  9. 2 O.S. 5-4.6 County ordinances (Justia, 2025)
  10. OAC 35:37-19-3 Sale and delivery requirements (ODAFF Homemade Food rules; Cornell LII)
  11. OAC 35:37-19-5 Violations (Justia Regulations)
  12. OAC 310:257-1-4 Exemptions (OSDH food establishments; Justia Regulations)

Nearby states

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