Oklahoma Cottage Food Law (2026): The Local Food Freedom Act, Labels and Where to Sell
At a glance
- License or permit
- None; an optional $15 yearly registration number can replace your name, phone and address on labels
- Annual sales limit
- Under $250,000 in gross annual sales of prepared food from November 1, 2026 (under $75,000 before then)
- Allowed foods
- Food and beverages produced and packaged at your local food establishment, including some foods that need temperature control
- Where you can sell
- Directly to consumers, online, through stores, farm stands, markets, craft fairs and flea markets; foods that need temperature control only directly by you
- Not allowed
- Seafood, meat and poultry products, alcoholic beverages, unpasteurized milk and cannabis products
- Training required
- An approved food safety course for foods that need temperature control; not required for other foods
Who the Oklahoma law covers
The law is in sections 5-4.1 to 5-4.6 of Title 2 of the Oklahoma Statutes. Enrolled House Bill 3720 amends them and takes effect on November 1, 2026. A local food establishment is a business at any location, including on the premises of a residence but excluding restaurants, that creates local food products for sale or resale and has gross annual sales of prepared food below $250,000. Gross annual sales count all sales of prepared food the business produces at any location. A local food product is food, including a beverage, produced and, if packaged, packaged at a local food establishment, and it never includes alcoholic beverages, unpasteurized milk or cannabis products. Until November 1, 2026 the law is called the Homemade Food Freedom Act and the ceiling is $75,000.
What you can sell
The act divides foods by whether they need time or temperature control for safety (TCS). Foods with a pH of 4.6 or below, or a water activity of 0.85 or less, are not TCS.
| Food | Allowed? |
|---|---|
| Baked goods, candy, jams, pickles and other foods that do not need temperature control | Yes |
| Beverages that are not alcoholic and not unpasteurized milk | Yes |
| Foods that need temperature control (for example cream pies, cheesecake or pumpkin pie) | Yes, with limits approved food safety training first; sold and delivered by you directly to the consumer |
| Seafood, meat, meat byproducts and poultry products | No |
| Alcoholic beverages and unpasteurized milk | No |
| Cannabis or marijuana products | No |
| Food from a restaurant | No restaurants are excluded from the definition |
| Food from a business with $250,000 or more in gross annual sales | No outside the exemption |
Do you need to register?
No. The act exempts qualifying production and sale from all licensing and other requirements of the State Department of Health and ODAFF. You may get a registration number for a $15 annual fee, good for one year, and use it on labels in place of your name, phone number and address. Before you produce and sell TCS foods, every person producing the food must complete and pass food safety training from the ODAFF list of providers, which includes ServSafe Food Handler Training. The course must be available online and may not exceed eight hours. You must also follow all local zoning and building code laws.
Home rules
The act sets no kitchen standards. Counties may pass ordinances regulating the operation of local food establishments as long as they do not conflict with the act or impede or restrict the sale of local food products that follow the law. On a consumer complaint, ODAFF can ask for proof of your training, verify your gross sales and check that you have met the labeling and delivery rules. The State Department of Health can investigate any reported foodborne illness. A violation is punishable by a fine of up to $300.
Oklahoma label requirements
You must give the consumer this information in at least 10-point type:
- the name and phone number of the producer;
- the physical address where the product was produced;
- a description of the food;
- the ingredients, in descending order of proportion;
- a statement indicating the presence of any of the eight most common allergens, including milk, eggs, peanuts, tree nuts, soy and wheat;
- the statement “This product was produced in a facility that is exempt from government licensing and inspection.” (before November 1, 2026 the statute says “private residence” where the new text says “facility”).
Where it goes depends on how you sell: on a label on the package; on a label on the container for bulk food; on a placard at the point of sale plus a card the consumer can carry, for unpackaged food; or on the web page for online sales, where each item must be labeled or have a label in the shipping container. If the packaged food crosses state lines, it must also be sold and labeled under federal law.
(405) 555-0100
100 Example Road, Tulsa, OK
Federal labeling rules name nine major allergens, including fish, crustacean shellfish and sesame, so list any of them too.
Where you can sell
- Foods that do not need temperature control: sell directly to the consumer in person or remotely (internet or phone), or through your designated agent or a third-party vendor such as a retail or grocery store, farm, farm stand, farmers market, membership-based buying club, craft fair or flea market. A third-party vendor must display a placard with the statement “This product was produced in a facility that is exempt from government licensing and inspection. This product may contain allergens.” You, your agent, a third-party vendor or a carrier such as a parcel delivery service can deliver them.
- Foods that need temperature control: sell them yourself directly to the consumer, in person or remotely, and deliver them yourself directly to the consumer.
- Across state lines: packaged food sold in interstate commerce must also meet federal labeling law.
Training and insurance
Training is required only for foods that need temperature control. Product liability coverage is worth considering. See our guide to liability, risk and insurance. The act does not exempt you from sales tax.
Local rules and HOAs
You must comply with local zoning and building code laws, and counties may regulate how local food establishments operate if they do not block lawful sales. Private rules apply too, so check your HOA covenants and lease. For general background, see our planning and zoning guide.
Frequently asked questions
Can I sell food made in my home kitchen in Oklahoma?
Yes. The Local Food Freedom Act exempts qualifying food from State Department of Health and ODAFF licensing if you meet its sales, labeling and delivery conditions.
Do I need a license to sell baked goods from home in Oklahoma?
No. A registration number is optional and costs $15 a year.
Is there a sales limit in Oklahoma?
Yes. Gross annual sales of prepared food must be below $250,000 from November 1, 2026, and below $75,000 until then.
Can I sell cottage food online or by mail in Oklahoma?
Yes for foods that do not need temperature control: you can sell online and use a parcel carrier. Foods that need temperature control must be delivered by you directly to the consumer.
Can I sell to grocery stores?
Yes for foods that do not need temperature control, through a retail or grocery store that displays the required placard. Foods that need temperature control cannot be sold through a store.
Can I sell pickles or canned goods in Oklahoma?
The act counts foods with a pH of 4.6 or below, or a water activity of 0.85 or less, as not needing temperature control, and it lists canning, fermenting and preserving among ways to produce food. It does not give a list of foods, so ask ODAFF about your recipe.
Note on conflicting sources
Many guides still describe the old Home Bakery Act, which allowed only a short list of baked goods, or the Homemade Food Freedom Act with its $75,000 limit. House Bill 3720 changes the name to the Local Food Freedom Act and the limit to $250,000 on November 1, 2026, and some guides describe that date as already in effect. Some guides also cite other statute sections than 2 O.S. 5-4.1 to 5-4.6, and some leave out that foods that need temperature control must be sold and delivered by you. We followed the text of the enrolled bill, and we could not find the ODAFF guidance that explains how it will apply the new rules.
Official sources
- Oklahoma Statutes, Title 2, sections 5-4.1 to 5-4.6 (Homemade Food Freedom Act, renamed the Local Food Freedom Act)
- Enrolled House Bill 3720 (2026), effective November 1, 2026
- Oklahoma Department of Agriculture, Food, and Forestry (ODAFF): approved food safety training providers
- Oklahoma State Department of Health
- U.S. Food and Drug Administration (FDA): Food Allergies (FASTER Act, sesame)