Oklahoma Cottage Food Law 2026: Food Freedom Act, Cap, Labels

Oklahoma's Homemade Food Freedom Act exempts food made at home from state food licensing and inspection, as long as sellers follow its sales, delivery and labeling rules. Shelf-stable foods may be sold online, shipped by carrier and sold through stores. Foods that need refrigeration may be sold only by the producer, who must first pass a food safety course. HB 3720, signed in May 2026, renames the law the Local Food Freedom Act and raises the sales cap from $75,000 to $250,000 effective Nov. 1, 2026. This guide covers what you can sell, how you can sell, labeling and when you need a license.

Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Oklahoma Department of Agriculture, Food and Forestry, or ODAFF, or with an attorney, before you start selling.

Quick facts

Homemade food products that meet the act's conditions are exempt from all licensing and other requirements of the State Department of Health and ODAFF. Effective Nov. 1, 2021. 2 O.S. 5-4.3(A); HB 1032 (2021)
Gross annual sales of prepared food must be less than $75,000 through Oct. 31, 2026, and less than $250,000 starting Nov. 1, 2026. 2 O.S. 5-4.2(1); Oklahoma State Department of Health guidance (2021); HB 3720 (2026)
Non-TCS foods, meaning foods that do not need time or temperature control for safety, may be sold online or by phone, through third-party vendors such as stores and delivered by parcel carriers. 2 O.S. 5-4.3(A)(1)-(2)
TCS foods may be sold only by the producer directly to the consumer and delivered by the producer, after ODAFF-approved food safety training. 2 O.S. 5-4.3(A)(3)-(5)
Products packaged and distributed in interstate commerce must also follow federal law. 2 O.S. 5-4.3(A)(7)
Violations carry a fine of up to $300. 2 O.S. 5-4.5

What the law calls it

Through Oct. 31, 2026, the law is the Homemade Food Freedom Act and uses "homemade food product" and "home food establishment." Starting Nov. 1, 2026, it becomes the Local Food Freedom Act, with "local food product" and "local food establishment." 2 O.S. 5-4.1, 5-4.2; HB 3720 (2026)
"Cottage food" and "home bakery" are everyday names, not legal terms in Oklahoma. The law replaced the Home Bakery Act of 2013. HB 1032 (2021)

Foods you can sell

Food and beverages produced at a residence, including both non-TCS and TCS foods, other than the excluded items. 2 O.S. 5-4.2(3), 5-4.3(A)
The guidance lists honey, jams, jellies, breads, cookies, cakes, spice mixes and tea mixes as typical non-TCS products, and cheesecake, cooked vegetables and cooked noodles as TCS products the act permits. Oklahoma State Department of Health guidance (2021)
Starting Nov. 1, 2026, the law defines products as made at a 'local food establishment' rather than a residence. HB 3720 (2026)

Foods you cannot sell

Alcoholic beverages, unpasteurized milk and cannabis or marijuana products. 2 O.S. 5-4.2(3)
Seafood, meat, meat by-products and meat food products, and poultry and poultry products as defined by federal law. 2 O.S. 5-4.3(A)(8)

Sales limit

Less than $75,000 in gross annual sales of prepared food, counting all locations, through Oct. 31, 2026. Oklahoma State Department of Health guidance (2021); HB 1032 (2021)
Less than $250,000 starting Nov. 1, 2026. 2 O.S. 5-4.2(1); Oklahoma House news release

Where and how you can sell

Non-TCS foods: by the producer directly to the consumer in person or remotely, including online or by phone, or by an agent or third-party vendor such as a retail or grocery store, farm stand, farmers market, buying club, craft fair or flea market. 2 O.S. 5-4.3(A)(1)
Non-TCS delivery: by the producer or an agent, or by a third-party vendor or a third-party carrier, such as a parcel delivery service. 2 O.S. 5-4.3(A)(2)
TCS foods: sold by the producer directly to the consumer, in person or remotely, and delivered by the producer directly to the consumer. No third-party sales or delivery. 2 O.S. 5-4.3(A)(3)-(4); Oklahoma State Department of Health guidance (2021)
Out-of-state shipping: the act does not ban it, but products packaged and distributed in interstate commerce must also be sold and labeled under federal law. The receiving state's rules may also apply. 2 O.S. 5-4.3(A)(7)
Third-party vendors must display a placard saying the product was produced in a private residence, or starting Nov. 1, 2026 a facility, that is exempt from government licensing and inspection and may contain allergens. The guidance says resellers will almost always need a food service license. 2 O.S. 5-4.3(A)(1)(b); Oklahoma State Department of Health guidance (2021)

Labeling rules

Required information: the producer's name and phone number, the physical address where the product was made, a product description, ingredients in descending order of proportion, a statement of any of the eight most common allergens and the statement "This product was produced in a private residence that is exempt from government licensing and inspection." Starting Nov. 1, 2026, "private residence" becomes "facility." 2 O.S. 5-4.3(A)(6); HB 1032 (2021)
The information must be in at least 10-point type on the package label, on a bulk container, on a placard and take-away card for unpackaged food, or on the webpage for internet sales, with a label on or in each shipped item. 2 O.S. 5-4.3(B)
A producer may pay ODAFF $15 a year for a registration number to use on labels instead of the name, phone number and address. 2 O.S. 5-4.3(C)

Permits and training

No license is needed. 2 O.S. 5-4.3(A)
Before making and selling TCS foods, the producer must pass ODAFF-approved food safety training, such as ServSafe Food Handler, of no more than eight hours. Starting Nov. 1, 2026, anyone producing the food must complete it. 2 O.S. 5-4.3(A)(5); ODAFF Food Safety

Zoning, HOAs and local rules

Counties may regulate home food establishments only if their ordinances do not conflict with the act or impede or restrict compliant sales. 2 O.S. 5-4.6
Starting Nov. 1, 2026, producers must comply with all local zoning and building code laws. 2 O.S. 5-4.3(A)(9)
The act does not address HOA covenants, so check your HOA documents.

Inspections

There are no routine inspections. The State Department of Health may investigate reported foodborne illness. After a consumer complaint, ODAFF may ask for proof of training, verify gross sales and check labeling and delivery. 2 O.S. 5-4.4

When you need a license instead

A food establishment license is needed to sell meat, poultry or seafood products, to exceed the sales cap or to resell another producer's products. 2 O.S. 5-4.2, 5-4.3; Oklahoma State Department of Health guidance (2021)

Timeline

2013: the Home Bakery Act of 2013 is enacted. HB 1032 (2021)
Nov. 1, 2021: HB 1032 makes it the Homemade Food Freedom Act, allows most foods and raises the cap from $20,000 to $75,000. HB 1032 (2021)
May 2026: HB 3720 is signed. Oklahoma House news release
Nov. 1, 2026: HB 3720 takes effect, renaming the law the Local Food Freedom Act and raising the cap to $250,000. HB 3720 (2026)
Oct. 13, 2026: this page was last reviewed against HB 1032, HB 3720 and state guidance.

Frequently asked questions

Do I need a license to sell homemade food in Oklahoma?

No, if you follow the act's sales, delivery and labeling rules and stay under the sales cap. Source: 2 O.S. 5-4.3(A).

What is Oklahoma's sales cap?

Less than $75,000 in gross annual sales through Oct. 31, 2026, and less than $250,000 starting Nov. 1, 2026. Sources: Oklahoma State Department of Health guidance (2021); 2 O.S. 5-4.2(1).

Can I sell homemade food online in Oklahoma?

Yes. Both non-TCS and TCS foods may be sold by remote means, including the internet, with the label information on the webpage. Source: 2 O.S. 5-4.3(A)(1), (3), (B)(4).

Can I ship homemade food from Oklahoma?

Non-TCS foods may be delivered by a third-party carrier such as a parcel service. TCS foods must be delivered by the producer. Products distributed in interstate commerce must also follow federal law. Source: 2 O.S. 5-4.3(A)(2), (4), (7).

Can I sell to grocery stores or coffee shops?

Yes for non-TCS foods, through a third-party vendor that displays the required placard. TCS foods may not be sold through third parties. Sources: 2 O.S. 5-4.3(A)(1), (3); Oklahoma State Department of Health guidance (2021).

Can I sell cheesecake in Oklahoma?

Yes, directly to the consumer with producer delivery, after passing ODAFF-approved food safety training. Sources: 2 O.S. 5-4.3(A)(3)-(5); Oklahoma State Department of Health guidance (2021).

What does the Oklahoma label need to say?

Name, phone number, physical address, description, ingredients, allergens and "This product was produced in a private residence that is exempt from government licensing and inspection." Starting Nov. 1, 2026, the statement says "facility" instead. Source: 2 O.S. 5-4.3(A)(6).

Can I sell meat or dairy?

Meat, poultry and seafood products are banned, as is unpasteurized milk. Source: 2 O.S. 5-4.2(3), 5-4.3(A)(8).

Can my county ban my home food business?

County ordinances may not conflict with the act or impede compliant sales. Source: 2 O.S. 5-4.6.

What happens if I break the rules?

A fine of up to $300. Source: 2 O.S. 5-4.5.

Official sources

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Oklahoma Department of Agriculture, Food and Forestry, or ODAFF, or with an attorney, before you start selling.

Oklahoma Cottage Food Laws