Cottage food rules
Oklahoma Cottage Food Laws List: What You Can Sell
What you can sell from your Oklahoma home kitchen, and what to check before you take an order.
On this page
What to remember
- No license and no inspection for homemade food sold from your home under the Homemade Food Freedom Act.
- The cap is $75,000 in gross annual sales.
- Breads, cookies, cakes, honey, jams, jellies, spice mixes and tea mixes are the typical examples the state lists.
- You must pass food safety training from an approved provider before you produce and sell time- or temperature-controlled-for-safety products.
- The Health Department does not investigate concerns about products bought from a Home Food Establishment.
Most home bakers in Oklahoma want the same thing from this list: a straight answer on what they can put in a box and sell. The short version is that the low-moisture things you already bake are the easy yes. For how this has been shifting, read Oklahoma cottage food laws update.
What the state lists as typical homemade food
The Oklahoma State Department of Health names honey, jams, jellies, breads, cookies, cakes, spice mixes, tea mixes and other low-moisture items as examples of typical non-TCS products that can be sold under the Homemade Food Freedom Act. Those are the everyday bakes: a loaf of quick bread, a tray of cookies, a birthday cake, a jar of jam.
The $75,000 cap
The Homemade Food Freedom Act allows sales up to $75,000 in gross annual sales. Gross means what comes in before you take out flour, butter, boxes or gas. If you are building toward that number and want to know what to charge along the way, the same math works in states with similar rules, like New Kansas cottage food laws.
When food safety training is required
Under HB1032, a producer must complete and pass food safety training from a list of approved providers before producing and selling time- or temperature-controlled-for-safety homemade food products. If your item has to stay hot or cold to be safe, that training is the step that comes before selling it, not after.
Farmers markets and potentially hazardous foods
Selling at a farmers market can bring extra rules. Oklahoma farmers market vendors who prepare or sell potentially hazardous foods must follow all applicable sections of the Food Service Establishments regulations, OAC 310:257. If you are planning a market table, confirm this with the market before your first Saturday. Bakers in nearby states run into similar questions, which is why New cottage food laws Texas is worth a read if you sell across a border.
The Oklahoma State Department of Health, with advisement from the Oklahoma Food Safety Advisory Council, provided proposed rule language for regulatory changes to be submitted to the legislature. That means the details can move. Check the current state guidance before you print labels or commit to a new product line.
Try the free bake pricing calculator
Free, no signup.
Start with the list, then build your menu around the low-moisture bakes you do best, keep an eye on your gross sales, and confirm anything that needs temperature control before you sell it.
Common questions
Do I need a license to sell baked goods from my Oklahoma home?
Under the Homemade Food Freedom Act, no. Homemade food sold from your home is exempt from licensing and inspection, up to $75,000 in gross annual sales.
What foods can I sell under the Act?
The Oklahoma State Department of Health lists honey, jams, jellies, breads, cookies, cakes, spice mixes, tea mixes and other low-moisture items as typical non-TCS products that can be sold under the Act.
Do I need food safety training?
Yes, if you produce and sell time- or temperature-controlled-for-safety homemade food products. HB1032 requires completing and passing training from a list of approved providers before you produce and sell them.
Will the Health Department look into a complaint about my food?
HB1032 exempted Home Food Establishments from state and local health department licensing and inspection, so the Health Department does not investigate concerns about products purchased from a Home Food Establishment.
Are there extra rules at a farmers market?
Oklahoma farmers market vendors who prepare or sell potentially hazardous foods must follow all applicable sections of the Food Service Establishments regulations, OAC 310:257.
Sources
- Oklahoma Homemade Food Freedom Act overview, Cottage Food Law Library
- Non-TCS food examples memo, Oklahoma State Department of Health
- HB1032 enrolled text, Oklahoma Legislature
- Homemade Food Freedom Act, Oklahoma City-County Health Department
- Farmers market guidelines, Oklahoma State Department of Health
- Food Freedom Act policy letter, Oklahoma State Department of Health
This is general information, not legal or tax advice. Rules change. Confirm the current requirements with the Oklahoma State Department of Health before you sell.