In March 2026, the Oklahoma House voted 84-10 to exempt food businesses with sales of less than $1.5 million a year from state food licensing, whether they work from a home or from any other site except a restaurant. A Senate committee cut that figure to $250,000, and the House accepted the lower number 80-0. The bill, House Bill 3720, or HB 3720, took effect Nov. 1, 2026. It renamed the Homemade Food Freedom Act the Local Food Freedom Act, let producers work outside their homes and more than tripled the old $75,000 cap. As of the morning of Nov. 13, 2026, no bill for the 2027 session had been filed. Requests for 2027 bills are due Dec. 4 in both the House and Senate.
What Oklahoma's law allows since Nov. 1
The act is in Title 2 of the Oklahoma Statutes, Sections 5-4.1 through 5-4.6, cited below as 2 O.S.
- A local food establishment may operate at any location except a restaurant, as long as its gross annual sales of prepared food stay under $250,000. The limit counts sales from all locations. Until Nov. 1, food had to be made at a residence, and the cap was $75,000. Sources: 2 O.S. 5-4.2(1), (3), as amended by House Bill 3720 (2026); Homemade Food Freedom Act, House Bill 1032 (2021).
- The producer may now be a business entity as well as a person. Source: 2 O.S. 5-4.2(7).
- Shelf-stable foods may be sold online, by phone and through stores, and a parcel carrier may deliver them. These are foods that do not need time or temperature control for safety, including foods with a pH of 4.6 or below or a water activity of 0.85 or less. The producer, an agent or a third-party vendor such as a grocery store, farm stand, farmers market, buying club, craft fair or flea market may sell them. A vendor must post a placard saying the product "was produced in a facility that is exempt from government licensing and inspection" and may contain allergens. Source: 2 O.S. 5-4.2(4) and 5-4.3(A)(1)-(2).
- Foods that need time or temperature control, such as cheesecake, must be sold by the producer and delivered by the producer. Sales may still be made in person, online or by phone. Before those foods are made and sold, any person producing them must pass a food safety course approved by the Oklahoma Department of Agriculture, Food and Forestry, or ODAFF. The course must be available online and take no more than 8 hours. HB 3720 changed this duty from "the producer" to "any person producing the local food." Sources: 2 O.S. 5-4.3(A)(3)-(5); ODAFF, Food Safety; Oklahoma State Department of Health, Homemade Food Freedom Act Guidance (Sept. 14, 2021).
- Meat, poultry, seafood, alcoholic beverages, unpasteurized milk and cannabis products fall outside the act. Sources: 2 O.S. 5-4.2(3) and 5-4.3(A)(8).
- Every product must come with the producer's name and phone number, the address where it was made, a description, the ingredients, an allergen statement and a required disclosure sentence. The sentence now reads "This product was produced in a facility that is exempt from government licensing and inspection." Before Nov. 1, it said "private residence" in place of "facility." The information must be in at least 10-point type, and for internet sales it must appear on the webpage, with a label on or in each item shipped. Source: 2 O.S. 5-4.3(A)(6) and (B).
- A $15 yearly ODAFF registration number may replace the producer's name, phone number and address on labels. House Bill 2975 added this option Nov. 1, 2024. Sources: 2 O.S. 5-4.3(C); House Bill 2975 (2024), enrolled; ODAFF, Food Safety.
- Producers must follow local zoning and building codes, and county ordinances may not conflict with the act or restrict sales that comply with it. HB 3720 added the zoning and building code requirement. Sources: 2 O.S. 5-4.3(A)(9) and 5-4.6.
- ODAFF acts on consumer complaints, and a violation carries a fine of up to $300. After a complaint, ODAFF may ask for proof of training, verify gross sales and check labeling and delivery. The State Department of Health may still investigate a reported foodborne illness. Source: 2 O.S. 5-4.4 and 5-4.5.
The Oklahoma cottage food law guide covers each rule question by question.
Oklahoma's 5 laws since 2013
House Bill 1094 of 2013 created the Home Bakery Act of 2013. It covered "any baked goods except for products that contain meat products or fresh fruit," made in a home food establishment with gross annual sales under $20,000, and it exempted those bakers from State Department of Health licensing. Labels had to say "Made in a home food establishment that is not licensed by the State Department of Health." The House passed it 92-0 and the Senate 38-6, and it took effect Nov. 1, 2013. Sources: Oklahoma Session Laws 2013, Chapter 40 (House Bill 1094); House Bill 1094 (2013) bill history.
Senate Bill 508 of 2017 listed where a home food establishment could sell: on site, by delivery, at a farmers market, through a cooperative or through a membership-based buying club. It let ODAFF adopt rules for other locations and moved the law from Title 63, Public Health and Safety, to Title 2, Agriculture. It took effect Nov. 1, 2017. Sources: Oklahoma Session Laws 2017, Chapter 85 (Senate Bill 508); Senate Bill 508 (2017) bill history.
House Bill 1032 of 2021, or HB 1032, renamed the law the Homemade Food Freedom Act and extended it to most foods and beverages, including foods that need time or temperature control. It raised the cap from $20,000 to $75,000. It allowed online and phone sales. For shelf-stable foods, it also allowed sales through stores and other third-party vendors and delivery by parcel carrier. It also raised the maximum fine from $100 to $300. The House passed it 93-0 and the Senate 47-0, and the House agreed to the Senate's changes 86-0. It took effect Nov. 1, 2021. Sources: House Bill 1032 (2021), enrolled; House Bill 1032 (2021) bill history.
House Bill 2975 of 2024 created the $15 ODAFF registration number for labels. The House passed it 89-0 and the Senate 37-6, and it took effect Nov. 1, 2024. Sources: House Bill 2975 (2024), enrolled; House Bill 2975 (2024) bill history.
Rep. Rob Hall, R-Tulsa, introduced House Bill 3720 on Feb. 2, 2026, as a separate "Access to Healthy Local Food Act" for direct-to-consumer sales, with no sales cap. House committees replaced it with a version that amended the existing act and set the cap at $1.5 million, and the House passed that version 84-10 on March 10. Sen. Kelly Hines, R-Oklahoma City, became the bill's Senate author April 1. On April 20, the Senate Health and Human Services Committee cut the cap to $250,000. That was the only change the Senate made to the bill's text. The Senate passed the bill 39-4 on April 28, and the House accepted the change 80-0 on April 30. The governor approved it May 5. Sources: House Bill 3720 (2026) bill history; House Bill 3720, introduced version; House Bill 3720, engrossed version; House bill summary of the Senate amendment; Oklahoma House news release (May 7, 2026); Senate amendment to House Bill 3720, engrossed.
What the statute and state guidance still leave unclear
- The State Department of Health's posted guidance still describes the law as it stood before Nov. 1. Its Homemade Food Freedom Act guidance, dated Sept. 14, 2021, and checked Nov. 13, 2026, lists a maximum of $75,000 in gross sales, lists "Production in a residence only" and gives the old "private residence" placard wording. ODAFF's food safety page does list the $250,000 limit and the new "facility" wording. Sources: Oklahoma State Department of Health, Homemade Food Freedom Act Guidance; ODAFF, Food Safety.
- The act measures its cap in sales of "prepared food" but no longer defines that term. The 2013 law defined prepared food as baked goods other than products containing meat or fresh fruit. HB 1032 struck that definition in 2021 but kept the phrase "gross annual sales of prepared food," and HB 3720 kept it too. Sources: Oklahoma Session Laws 2013, Chapter 40, Section 2; House Bill 1032 (2021), Section 2; 2 O.S. 5-4.2.
- The act leaves restaurants out of its definition of a local food establishment but does not define "restaurant." A local food establishment is "a business at any location, including on the premises of a residence but excluding restaurants." The act's 7 definitions do not include a restaurant, and ODAFF's page repeats the exclusion without defining the word. Sources: 2 O.S. 5-4.2; ODAFF, Food Safety.
- The statute and ODAFF give different allergen lists. The statute calls for a statement of "any of the eight most common allergens, including milk, eggs, peanuts, tree nuts, soy and wheat," and names 6 of the 8. ODAFF's page tells producers to cover 9: milk, eggs, peanuts, tree nuts, soybeans, wheat, fish, shellfish and sesame. The act bars seafood, so fish and shellfish should not be in these products, and the practical difference is sesame. Sources: 2 O.S. 5-4.3(A)(6)(e); ODAFF, Food Safety; 2 O.S. 5-4.3(A)(8).
Oklahoma and its 6 neighbors
Oklahoma borders Texas, New Mexico, Colorado, Kansas, Missouri and Arkansas.
Texas raised its cottage food income limit to $150,000 a year, adjusted for inflation, under Senate Bill 541, or SB 541, which took effect Sept. 1, 2025. Texas cooks may sell foods that need time and temperature control after registering with the state health department. Online orders must be delivered in person by the operator, an employee or a household member, and SB 541 removed mail order from the law. Sources: Texas Health and Safety Code 437.001, 437.01953 and 437.0194; Texas outlook.
New Mexico's Homemade Food Act, in effect since July 1, 2021, requires no state permit for foods that do not need time or temperature control and sets no sales cap. Sellers must take a food handler course and sell directly to consumers inside the state, including online and through mail delivery. Sources: Homemade Food Act (House Bill 177 of 2021), Section 3; New Mexico Environment Department, Homemade Food Act FAQ; New Mexico cottage food law.
Colorado's Cottage Foods Act now allows only foods that do not need refrigeration and limits each eligible product to $10,000 in net revenue a year. Producers sell directly to informed end consumers, and the state health department says sales may not involve interstate commerce. On Jan. 1, 2027, the Tamale Act, House Bill 26-1033, replaces that limit with a $150,000 yearly gross revenue cap adjusted for inflation and requires a state registration number on labels. It also lets a producer sell 1 type of packaged food that needs time and temperature control, such as tamales, in up to 5 variations. Sources: Colorado House Bill 26-1033, Session Laws Chapter 375; Colorado Department of Public Health and Environment, Cottage Foods Act; Colorado cottage food law.
Kansas handles home food through a license exemption in its food establishment law. A person who makes food for distribution directly to the end consumer needs no food establishment license if the food does not need time and temperature control for safety or specialized processing. The Kansas Department of Agriculture says internet sales with shipping are allowed, subject to the receiving state's rules. Its page names no sales cap and does not allow consignment sales. Home-canned goods other than traditional jams and jellies need a license. Sources: Kansas Statutes Annotated 65-689(d)(4); Kansas Department of Agriculture, Food Sales at Farmers' Markets and Similar Locations; Kansas cottage food law.
Missouri's cottage food law covers only baked goods that are not potentially hazardous, canned jams or jellies and dried herbs or herb mixes. Sales must go directly to consumers, and internet sales are allowed only when the operation and the buyer are both in Missouri. The current statute, in effect since Aug. 28, 2022, sets no sales cap. Sources: Revised Statutes of Missouri 196.298; Missouri cottage food law.
Arkansas' Food Freedom Act sets no sales cap. It allows sales in person, by phone or online by the producer, an agent or a third-party vendor such as a retail shop, with delivery by a third-party carrier. Sales may go to another state if the seller follows federal law. The act excludes meat, poultry, seafood and foods that need time or temperature control. Sources: Arkansas Code Annotated 20-57-503 and 20-57-504 (Act 1040 of 2021); Arkansas outlook.
Oklahoma and Texas are the only states in this group that now let home producers sell a broad range of foods that need time or temperature control. Colorado will allow 1 such food type starting Jan. 1, 2027. Oklahoma's limit of less than $250,000 is the highest dollar cap in the group. Texas allows $150,000 adjusted for inflation, and Colorado moves from $10,000 per product to $150,000 on Jan. 1. Arkansas, New Mexico and Missouri set no cap, and the Kansas guidance names none. Oklahoma and Arkansas let parcel carriers deliver shelf-stable foods, and the Kansas guidance allows shipping. New Mexico allows mail delivery inside the state, and Missouri limits internet sales to buyers in Missouri. Colorado bars interstate sales, while Texas requires the operator, an employee or a household member to deliver online orders. Where Cottage Food Laws Are Headed groups Oklahoma's 2026 increase with those in Louisiana and Maryland.
Analysis: 3 things to watch in Oklahoma in 2027
- A bill to change the cap again is possible, but none has been filed. Hall's 2025 bill, House Bill 2152, proposed $300,000 as introduced and $150,000 in the version House committees approved. In 2026, HB 3720 went from no cap to $1.5 million in the House and then to $250,000 in the Senate. The figure changed at nearly every step, and the cap was the only change the Senate made to the bill's text. Whether a 2027 bill proposes a new figure is unknown. Sources: House Bill 2152 (2025), introduced version; House Bill 2152, House floor version; House bill summary of the Senate amendment to House Bill 3720; Senate amendment to House Bill 3720, engrossed.
- Store sales of refrigerated home foods were proposed in 2025 and could come up again, though no 2027 bill proposes them. In the version a Senate committee approved in February 2025, Senate Bill 939 by Sen. Avery Frix, R-Muskogee, would have let producers sell foods that need time or temperature control to third-party vendors and required a vendor selling those foods for a producer to pass the same food safety training. It never reached a Senate floor vote, and HB 3720 kept the rule that only the producer may sell and deliver those foods. If lawmakers revisit the act, Senate Bill 939's text shows one way to write that change. Sources: Senate Bill 939 (2025), Senate floor version, Section 2; Senate Bill 939 bill history; 2 O.S. 5-4.3(A)(3)-(4); Oklahoma Senate, Sen. Avery Frix.
- Updated state guidance could settle some of the questions the statute leaves open. The State Department of Health's 2021 guidance still gives the old cap and the residence-only rule, and ODAFF's page still uses "homemade food products" in its section headings. A revision could say how the agencies read "prepared food" and "restaurant," but neither agency has announced one. Sources: Oklahoma State Department of Health, Homemade Food Freedom Act Guidance; ODAFF, Food Safety.
What the Nov. 13, 2026, bill search found
The 2027 session will be the first regular session of the 61st Oklahoma Legislature. Bill requests are due Dec. 4, 2026. Lawmakers meet to organize at noon Jan. 5, 2027, and bills must be introduced by 4 p.m. Jan. 14. The session opens at noon Feb. 1 and must adjourn by 5 p.m. May 28, 2027. Sources: Oklahoma House, Legislative Deadlines; Oklahoma Constitution, Article 5, Section 26; Oklahoma Senate, Calendar.
On the morning of Nov. 13, 2026, the Legislature's report of introduced measures listed no House or Senate bills or joint resolutions for the 2027 regular session, so no 2027 bill on the Local Food Freedom Act had been filed. A search for measures citing 2 O.S. 5-4.1 through 5-4.6 also returned none for 2027. For the 60th Legislature, which met in 2025 and 2026, the same search found 3 measures: HB 3720, House Bill 2152 and Senate Bill 939. Sources: Oklahoma Legislature, Selected Step Report: Introduced (search form, 2027 Regular Session); Oklahoma Legislature, Measures by Citation Report (search form, 2027 Regular Session).
House Bill 2152's committee version would have raised the cap to $150,000, required a "Contains Unpasteurized Milk" label on products made with it and let raw milk be sold directly to consumers under the act. It cleared 2 House committees in 2025 but never reached a House floor vote. Senate Bill 939 also would have let farms, ranches and homes sell homemade food from a retail space on site. It cleared a Senate committee in February 2025 and never reached a Senate floor vote. Sources: House Bill 2152 bill history; House Bill 2152, House floor version; Senate Bill 939 bill history; Senate Bill 939 (2025), Senate floor version.
Frequently asked questions
Can I sell cheesecake from my home in Oklahoma?
Yes. Cheesecake needs refrigeration, so it must be sold directly to the customer and delivered by the producer, and anyone making it must first pass an ODAFF-approved food safety course. It may not be sold or delivered through a store or other third party. Sources: 2 O.S. 5-4.3(A)(3)-(5); Oklahoma State Department of Health, Homemade Food Freedom Act Guidance.
Can I ship cookies from Oklahoma to a customer in another state?
Oklahoma's act lets a parcel carrier deliver shelf-stable foods such as cookies and does not limit those sales to Oklahoma. A product packaged and distributed in interstate commerce must also be sold and labeled under federal law. Source: 2 O.S. 5-4.3(A)(2) and (7). Can You Ship Cottage Foods Across State Lines? compares other states.
Can I sell my baked goods through a coffee shop or grocery store?
A store or coffee shop may sell shelf-stable foods for a producer if it posts the placard the act requires. Foods that need time or temperature control may not be sold through a third party. The State Department of Health's guidance says resellers will almost always need a food service license. Sources: 2 O.S. 5-4.3(A)(1) and (3); Oklahoma State Department of Health, Homemade Food Freedom Act Guidance.
Can I make my products somewhere other than my home?
Since Nov. 1, 2026, a local food establishment may operate at any location, including a residence, except a restaurant, which the act does not define. The label must still give the physical address where the product was made, unless the producer uses an ODAFF registration number. Sources: 2 O.S. 5-4.2(1) and 5-4.3(A)(6), (C).
Can I keep my home address off my labels?
A producer who pays ODAFF $15 a year for a registration number may print the number in place of the name, phone number and address. Sources: 2 O.S. 5-4.3(C); ODAFF, Food Safety.
Can I sell beef jerky or meat pies under the act?
No. Local food products may not contain meat, poultry or seafood products as federal law defines them. Source: 2 O.S. 5-4.3(A)(8).
Has anyone filed a 2027 bill to change the Local Food Freedom Act?
No 2027 bill had been filed as of the morning of Nov. 13, 2026. The Legislature's report of introduced measures listed no bills for the 2027 session, and bills must be introduced by Jan. 14, 2027. Sources: Oklahoma Legislature, Selected Step Report: Introduced (search form, 2027 Regular Session); Oklahoma House, Legislative Deadlines; Oklahoma Senate, Calendar.
Oklahoma law here comes from enrolled bills, bill versions and bill histories on oklegislature.gov, session laws and the Constitution on the Oklahoma State Courts Network, ODAFF's food safety page and the State Department of Health's guidance, all checked Nov. 13, 2026.
Related guides: Oklahoma cottage food law, Where Cottage Food Laws Are Headed, Texas outlook and Arkansas outlook.
Home bakers and makers across the state are listed on the Oklahoma page.
This article is general information, not legal advice. Last reviewed Nov. 13, 2026.