Selling Food From Home in Oklahoma

The Local Food Freedom Act, in plain words.

This page is general information, not legal advice.

The short story

Oklahoma has a law that lets many people make food at home and sell it, without a state food license.

The law is now called the Local Food Freedom Act.

Through October 31, 2026, the law was called the Homemade Food Freedom Act. Starting November 1, 2026, House Bill 3720 (HB 3720) renamed it the Local Food Freedom Act (2 O.S. § 5-4.2, as amended by HB 3720, Enrolled).

It first took effect on November 1, 2021. It came from House Bill 1032 (HB 1032).

It replaced the older Home Bakery Act.

The rules are in Oklahoma statute 2 O.S. §§ 5-4.1–5-4.6.

There are two kinds of food under this law, and the rules are different for each kind. Sales must take place in Oklahoma.

Can sell

Foods that do NOT need to be kept cold for safety. The law calls these “non-TCS” foods. TCS stands for “time or temperature control for safety.”

Examples: breads, cookies, cakes without perishable filling, candy, jams, and popcorn.

• No state license or permit is needed for these foods.
• You may sell them yourself, directly to the buyer, in person.
• You may also sell them by remote means, such as the internet or telephone.
• You may also sell them through a designated agent or a third-party vendor. That includes a farmers market, a farm stand, a retail store, or a craft fair.

Foods that DO need to be kept cold for safety. The law calls these “TCS” foods.

Examples: cheesecake, cream pies, cooked vegetables, and sauces.

• These foods may be sold only by the producer directly to the consumer.
• They may not be sold through a third-party vendor.
• Read the “Must do first” section below before you sell any TCS food.

Must do first

If you want to sell TCS foods (the kind that need refrigeration):

• You must first complete and pass food-safety training.
• The training must come from a provider on the list approved by the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF).
• The training takes no more than 8 hours.

Every food sold under this act must be labeled. The label, placard, or webpage must show:

• The producer’s name and phone number.
• The physical address where the food was made.
• A description of the product.
• The ingredients.
• The label must state the presence of any of the eight most common allergens — milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soy (2 O.S. § 5-4.3).
• This exact disclosure sentence: “This product was produced in a private residence facility that is exempt from government licensing and inspection.”

Never allowed

These foods are never allowed under this act:

• Foods containing meat, poultry, or seafood, or their by-products.
• Unpasteurized milk.
• Alcoholic beverages.
• Cannabis or marijuana products.

The sales limit

Through October 31, 2026, the exemption (then the Homemade Food Freedom Act) applied only if gross annual sales of prepared food were less than $75,000.

Starting November 1, 2026, HB 3720 renamed the law the Local Food Freedom Act and raised the cap to less than $250,000 (2 O.S. § 5-4.2, as amended by HB 3720, Enrolled). Gross annual sales includes sales at all locations combined.

Sources and freshness

Checked November 2026

Sources: guidance from the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF); the Oklahoma State Department of Health (OSDH) Homemade Food Freedom Act guidance; and the statute itself, 2 O.S. §§ 5-4.1–5-4.6.

This page is general information, not legal advice. Laws and agency guidance can change. Check the official ODAFF and Health Department pages for the current rules before you sell.