Cottage food rules
Oklahoma Cottage Food Laws: What Home Bakers Need
A plain language read of Oklahoma's homemade food law, who runs it, and the sales cap.
On this page
What to remember
- No license and no inspection for certain homemade foods made in your own home.
- The cap is $75,000 in gross annual sales.
- The Oklahoma Department of Agriculture, Food and Forestry oversees it, not the health department.
- The citation is 63 O.S. Section 1-1101.1, enacted in 2013 and expanded in 2021.
- Not every food is covered, so check the list before you bake a big batch.
If you bake from your kitchen in Oklahoma and sell to people who buy from you, this is the page to keep bookmarked. Below is what the law says in plain words, who to call when you are not sure, and how to think about the sales cap. For the item by item detail, read the Oklahoma cottage food laws list, and if you have heard about changes coming, the 2026 update covers what is moving.
What the Homemade Food Freedom Act allows
Oklahoma lets individuals prepare and sell certain homemade foods from a residential kitchen without getting a state food establishment license. That is the whole point of the law. You are not opening a commercial kitchen. You are baking at home, and the state treats it that way.
The act was enacted in 2013 and expanded in 2021. The expansion is what opened up home based food production for direct to consumer sale without commercial kitchen inspection or licensing. If someone has told you that you need a license, an inspection, or a rented commercial space, that advice is out of date for the foods the act covers.
Who actually oversees it
This is the part that trips people up. The Oklahoma Department of Agriculture, Food and Forestry, usually shortened to ODAFF, is the primary regulatory authority for matters under the Homemade Food Freedom Act. State guidance says so directly. It is not the Oklahoma State Department of Health. So when you have a question about whether your bakes are covered, ODAFF is the office to ask, and starting there saves you a round of phone tag.
The $75,000 cap, in real terms
The ceiling is $75,000 in gross annual sales. Gross means what customers pay you, before you subtract flour, butter, boxes, or gas. If you are selling a few dozen cookies a week, you are nowhere near it. If you take on bigger custom orders or steady weekly accounts, you will want to watch the number closely. Because the cap is annual, it is measured over a year rather than over one busy season.
Keep a simple running total somewhere you will actually look at it. A notebook by the mixer works. So does having your orders in one place, which is part of why we built Brevl the way we did. If you are still running this on paper and text messages, how a home bakery app fits a small kitchen walks through what to look for.
One more thing worth sorting early is how you get paid. Brevl works on a computer and on a phone, takes card payments through your own Stripe or Square account, and also handles Venmo, Cash App, Zelle, and cash. Your shop is yours to set up with your own photos, your colors, and your own web address, and we will move your old shop over for you, products, photos, reviews, and dates included.
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Common questions
Do I need a license to sell baked goods from my Oklahoma kitchen?
Under the Homemade Food Freedom Act, you can prepare and sell certain homemade foods from a residential kitchen without a state food establishment license, and without inspection, as long as you stay under $75,000 in gross annual sales.
Which agency regulates Oklahoma cottage food?
The Oklahoma Department of Agriculture, Food and Forestry, or ODAFF, is the primary regulatory authority for matters under the Homemade Food Freedom Act. It is not the Oklahoma State Department of Health.
Is there a sales limit?
Yes. The limit is $75,000 in gross annual sales.
When did the Oklahoma law start?
The law at 63 O.S. Section 1-1101.1 was enacted in 2013 and expanded in 2021, which opened up home based food production for direct to consumer sale without commercial kitchen inspection or licensing.
Can I sell any homemade food I want?
No. The law covers certain homemade foods. Check the list for your item before you plan a batch around it.
Sources
This is general information about Oklahoma's homemade food law, not legal or tax advice. Rules can change and can vary by city or county. Confirm your own situation with the Oklahoma Department of Agriculture, Food and Forestry before you sell.