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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 939 By: Frix
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6 AS INTRODUCED
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7 An Act relating to farmed food products; amending 2
7 O.S. 2021, Sections 5-4.2 and 5-4.3, as amended by
8 Section 1, Chapter 16, O.S.L. 2024 (2 O.S. Supp.
8 2024, Section 5-4.3), which relate to the Homemade
9 Food Freedom Act; defining terms; expanding sales
9 allowed under act; allowing for sales at certain
10 locations; requiring certain provisions for sales at
10 certain locations; providing for certain products to
11 be sold to consumers directly from producers;
11 requiring producers to assume liability; amending 2
12 O.S. 2021, Section 7-414, which relates to the
12 Oklahoma Milk and Milk Products Act; allowing for
13 transportation of certain product; increasing limit;
13 amending 2 O.S. 2021, Section 10-78, which relates to
14 the sale of eggs; removing certain sales; updating
14 statutory reference; providing for codification; and
15 providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 2 O.S. 2021, Section 5-4.2, is
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19 amended to read as follows:
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20 Section 5-4.2. As used in the Homemade Food Freedom Act:
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21 1. "Home food establishment" shall mean a business on the
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22 premises of a residence in which homemade food products are created
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23 for sale or resale if the business has gross annual sales of
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24 prepared food of less than Seventy-five Thousand Dollars
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Req. No. 1240 Page 1
1 ($75,000.00). Gross annual sales includes all sales of prepared
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2 food produced by the business at any location;
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3 2. "Delivered" shall mean transferred to the customer, either
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4 immediately upon sale or at a time thereafter;
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5 3. "Homemade food product" shall mean food, including a
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6 beverage, which is produced and, if packaged, packaged at a
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7 residence; provided, however, homemade food product shall not mean
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8 alcoholic beverages or unpasteurized milk or cannabis or marijuana
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9 products
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10 "Delivery" means the transfer of a product resulting from a
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11 transaction between a producer and an informed end consumer or a
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12 third-party vendor. The delivery may occur by the producer's
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13 designated agent at a farm, ranch, farmers market, home, office, or
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14 any location agreed to between the producer and the informed end
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15 consumer;
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16 2. "Home consumption" means consumption of food products
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17 consumed within a private home, or from a private home that is only
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18 to be consumed by family members, employees, or nonpaying guests;
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19 3. "Homemade" means food that is prepared or processed in a
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20 private home kitchen, that is not licensed, inspected, or regulated;
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21 4. "Informed end consumer" means a person who is the last
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22 person to purchase any product, who does not resell the product, and
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23 who has been informed that the product is not licensed, regulated,
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24 or inspected;
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1 4. 5. "Non-time- or -temperature-controlled for safety" shall
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2 mean food that does not require time or temperature control for
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3 safety to limit the rapid and progressive growth of infectious or
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4 toxigenic microorganisms, including foods that have a pH level of
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5 four and six-tenths (4.6) or below or a water activity (aw) value of
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6 eighty-five one-hundredths (0.85) or less;
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7 5. 6. "Time- or temperature-controlled for safety" shall mean a
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8 food that requires time or temperature control for safety to limit
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9 infectious or toxigenic microorganisms and is in a form capable of
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10 supporting rapid and progressive growth of infectious or toxigenic
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11 microorganisms; provided, however, time- or temperature-controlled
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12 for safety shall not include foods that have a pH level of four and
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13 six-tenths (4.6) or below or a water activity (aw) value of eighty-
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14 five one-hundredths (0.85) or less;
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15 6. "Produce" shall mean to prepare a food product by cooking,
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16 baking, drying, mixing, cutting, canning, fermenting, preserving,
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17 dehydrating, growing, raising or other process; and
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18 7. "Producer" shall mean the person who produces a homemade
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19 food product in a home food establishment
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20 7. "Process" means operations a producer performs in the making
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21 or treatment of the producer's food or drink products;
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22 8. "Producer" means any person who grows, harvests, prepares,
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23 or processes any food or drink products on the person's owned or
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24 leased property; and
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1 9. "Transaction" means the exchange of buying and selling.
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2 SECTION 2. AMENDATORY 2 O.S. 2021, Section 5-4.3, as
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3 amended by Section 1, Chapter 16, O.S.L. 2024 (2 O.S. Supp. 2024,
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4 Section 5-4.3), is amended to read as follows:
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5 Section 5-4.3. A. The production and sale of homemade food
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6 products that meet the following conditions shall be exempt from all
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7 licensing and other requirements of the State Department of Health
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8 and the Oklahoma Department of Agriculture, Food, and Forestry:
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9 1. Non-time- or -temperature-controlled-for-safety homemade
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10 food products shall be sold:
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11 a. by the producer directly to the informed end consumer,
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12 either in person or by remote means, including, but
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13 not limited to, the Internet or telephone, or
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14 b. by a producer's designated agent or a third-party
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15 vendor, such as a retail or grocery store, farm, farm
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16 stand, farmers market, membership-based buying club,
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17 craft fair or flea market, to the informed end
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18 consumer; provided, the third-party vendor displays a
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19 placard where homemade food products are displayed for
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20 sale with the following disclosure: "This product was
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21 produced in a private residence that is exempt from
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22 government licensing and inspection. This product may
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23 contain allergens.";
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1 2. Non-time- or -temperature-controlled-for-safety homemade
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2 food products shall be delivered:
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3 a. by the producer or producer's designated agent
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4 directly to the informed end consumer or third-party
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5 vendor, or
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6 b. by a third-party vendor or a third-party carrier, such
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7 as a parcel delivery service, to the informed end
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8 consumer or a third-party vendor;
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9 3. Time- or temperature-controlled-for-safety homemade food
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10 products shall be sold by the producer directly to the informed end
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11 consumer or third-party vendor, either in person or by remote means,
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12 including, but not limited to, the Internet or telephone;
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13 4. Time- or temperature-controlled-for-safety homemade food
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14 products shall be delivered by the producer directly to the informed
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15 end consumer or third-party vendor;
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16 5. Before a producer produces and sells or a third-party vendor
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17 sells on behalf of the producer time- or temperature-controlled-for-
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18 safety homemade food products, the producer or a third-party vendor
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19 selling on behalf of the producer shall complete and pass food
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20 safety training from a list of providers, including the ServSafe
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21 Food Handler Training, approved by the Oklahoma Department of
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22 Agriculture, Food, and Forestry. The food safety training shall be
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23 available to complete online and shall not exceed eight (8) hours in
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24 length. The Oklahoma Department of Agriculture, Food, and Forestry
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Req. No. 1240 Page 5
1 shall make the list of approved training available on its website by
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2 November 1, 2021;
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3 6. The following information shall be provided to the informed
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4 end consumer in the format required by subsection B of this section:
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5 a. the name and phone number of the producer,
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6 b. the physical address where the product was produced,
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7 c. a description of the homemade food product,
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8 d. the ingredients of the homemade food product in
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9 descending order of proportion,
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10 e. a statement indicating the presence of any of the
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11 eight most common allergens, including milk, eggs,
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12 peanuts, tree nuts, soy and wheat, and
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13 f. legible print stating, "This product was produced in a
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14 private residence that is exempt from government
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15 licensing and inspection.";
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16 7. If the homemade food product is packaged and distributed in
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17 interstate commerce, it shall also be sold and labeled in accordance
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18 with federal law; and
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19 8. Homemade food products shall not contain seafood or meat,
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20 meat by-products or meat food products as defined by Section 301.2
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21 of Title 9 of the Code of Federal Regulations or poultry, poultry
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22 products or poultry food products as defined for purposes of the
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23 federal Poultry Products Inspection Act.
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1 B. The information required by paragraph 6 of subsection A of
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2 this section shall be provided in a legible format of at least 10-
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3 point font, in the following manner:
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4 1. On a label affixed to the package if the homemade food
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5 product is packaged;
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6 2. On a label affixed to a container, if the homemade food
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7 product is offered for sale from a bulk container directly to the
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8 informed end consumer;
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9 3. On a placard displayed at the point of sale, and on a card
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10 or other item that is made available to the informed end consumer
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11 and is readily carriable if the homemade food product is not
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12 packaged; and
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13 4. Displayed on the webpage from which the homemade food
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14 product is offered for sale if it is sold on the Internet; provided,
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15 that each item sold over the Internet shall be properly labeled or
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16 shall have a label included in the shipping container.
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17 C. The provisions of the Homemade Food Freedom Act shall not
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18 prohibit the sale of homemade food for home consumption from a
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19 retail space located at the ranch, farm, or home where the food is
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20 produced. A retail space selling homemade food under the provisions
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21 of the Homemade Food Freedom Act shall inform the informed end
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22 consumer that the homemade food has not been inspected and shall
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23 display a sign indicating that the homemade food has not been
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24 inspected. If the retail space is in any way associated with a
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Req. No. 1240 Page 7
1 commercial food establishment or offers for sale any inspected
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2 product, the retail space selling homemade food shall comply with
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3 rules adopted by the Oklahoma Department of Agriculture, Food, and
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4 Forestry, which shall require:
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5 1. That each separate space shall include signs or other
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6 markings clearly indicating which spaces are offering inspected
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7 items for sale and which spaces are uninspected;
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8 2. That coolers, freezers, and warehouses or other storage
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9 areas shall be separated to prohibit the intermingling of inspected
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10 and uninspected products; and
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11 3. Any other requirements specified by the Department to ensure
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12 the sale of homemade foods is made to an informed end consumer.
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13 D. The producer shall inform the informed end consumer that any
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14 food product or food sold at a farmers market or through ranch-,
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15 farm-, or home-based sales pursuant to the provisions of the
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16 Homemade Food Freedom Act is not certified, labeled, licensed,
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17 packaged, regulated, or inspected.
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18 E. The provisions of the Homemade Food Freedom Act shall not be
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19 construed to:
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20 1. Change the requirements for brand inspection or animal
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21 health inspections; or
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22 2. Preclude an agency from providing assistance, consultation,
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23 or inspection, at the request of the producer.
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1 F. A homemade food product producer may obtain a registration
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2 number upon the payment of an annual fee of Fifteen Dollars ($15.00)
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3 to the Oklahoma Department of Agriculture, Food, and Forestry that
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4 is good for one (1) year from the date of its issue. The assigned
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5 registration number may be used on product labels instead of the
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6 producer's name, phone number, and the physical address of the
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7 location where the homemade food product was produced.
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8 SECTION 3. NEW LAW A new section of law to be codified
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9 in the Oklahoma Statutes as Section 5-32 of Title 2, unless there is
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10 created a duplication in numbering, reads as follows:
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11 A. Oklahoma dairy farms selling ungraded milk or ungraded milk
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12 products produced from their own livestock are exempt from the
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13 provisions of the Oklahoma Milk and Milk Products Act.
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14 B. Nothing in Title 2 of the Oklahoma Statutes shall prohibit
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15 the sale of ungraded milk or ungraded milk products produced on the
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16 farm or property and sold directly to consumers in this state.
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17 Ungraded milk and ungraded milk products sold pursuant to this
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18 section shall be produced by the livestock maintained on the dairy
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19 farm from which the ungraded milk or ungraded milk products are
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20 sold.
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21 C. Dairy farms selling items pursuant to this section shall
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22 assume all liability.
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1 SECTION 4. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 5-32.1 of Title 2, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. Oklahoma producers of eggs selling ungraded eggs from their
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5 own flock production are exempt from Section 10-71 et seq. of Title
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6 2 of the Oklahoma Statutes. Nothing in Title 2 of the Oklahoma
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7 Statutes shall prohibit the sale of ungraded eggs produced on the
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8 farm and sold directly to the informed end consumer. Ungraded eggs
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9 sold under this section shall be produced by hens maintained on the
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10 farm from which the eggs are sold.
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11 B. Egg producers selling items pursuant to this section shall
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12 assume all liability.
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13 SECTION 5. AMENDATORY 2 O.S. 2021, Section 7-414, is
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14 amended to read as follows:
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15 Section 7-414. A. The provisions of the Oklahoma Milk and Milk
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16 Products Act shall not be construed to:
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17 1. Include incidental sales of raw milk directly to informed
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18 end consumers:
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19 a. at the farm where the milk is produced, or
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20 b. by transport used by the producer of raw milk;
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21 2. Preclude the advertising of the incidental sale of cow or
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22 goat milk; and
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23 3. Prohibit any farmer or producer from making cheese using
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24 milk or cream produced on the farm of such farmer or producer.
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1 B. For purposes of this section, incidental sales of cow or
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2 goat milk are those sales where the average monthly number of
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3 gallons sold does not exceed one hundred (100) five hundred (500).
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4 SECTION 6. AMENDATORY 2 O.S. 2021, Section 10-78, is
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5 amended to read as follows:
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6 Section 10-78. A. Oklahoma producers of eggs selling ungraded
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7 eggs from their own flock production are exempt from this
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8 subarticle. Nothing in this subarticle shall prohibit the sale of
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9 eggs produced on the farm and sold direct to the consumer. Eggs
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10 sold under this section shall be produced by hens maintained on the
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11 farm from which the eggs are sold.
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12 B. A producer may sell graded eggs if in compliance with this
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13 subarticle Section 10-71 et seq. of this title.
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14 SECTION 7. This act shall become effective November 1, 2025.
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Req. No. 1240 Page 11Every fact on this page links to its source, starting with the official bill record.