Okla. Admin. Code § 35:37-19-3 - [Effective 8/11/2024] Sale and delivery requirements

(a) Non-time-or-temperature-controlled-for-safety homemade food products shall be sold:
(1) By the producer directly to the consumer, either in person or by remote means, including, but not limited to, the internet or telephone; or
(2) By a producer's designated agent or a third-party vendor, including, but not limited to, a retail or grocery store, farm, farm stand, farmers market, membership-based buying club, craft fair, or flea market, to the consumer; provided, the third-party vendor shall display a placard where homemade food products are displayed for sale with the following disclosure: "This product was produced in a private residence that is exempt from government licensing and inspection. This product may contain allergens.".
(b) Non-time-or-temperature-controlled-for-safety homemade food products shall be delivered:
(1) By the producer or producer's designated agent directly to the consumer or a third-party vendor; or
(2) By a third-party vendor or a third-party carrier, such as a parcel delivery service, to the consumer or a third-party vendor.
(c) Time-or-temperature-controlled-for-safety homemade food products shall be sold by the producer directly to the consumer, either in person or by remote means, including, but not limited to, the internet or telephone.
(d) Time-or-temperature-controlled-for-safety homemade food products shall be delivered by the producer directly to the consumer.
(e) Before a producer begins to produce and sell time-or-temperature-controlled-for-safety homemade food products and thereafter, the producer shall satisfactorily complete and maintain food safety training from a list of providers found on the Oklahoma Department of Agriculture, Food, and Forestry website, including the ServSafe Food Handler Training, approved by the Oklahoma Department of Agriculture, Food, and Forestry. Food safety training shall be available online or in person and shall not exceed eight (8) hours in length.
(f) Homemade food products that are packaged and distributed in interstate commerce shall be sold in accordance with federal law.
(g) The production date of a homemade food product shall be displayed where the product is sold directly to the consumer. If the product is prepared for delivery by a third-party, the production date shall be located on the food package or on a card included with the food package.
(h) All products sold under Section 5-4.1 et seq. of Title 2 of the Oklahoma Statutes.

Notes

Okla. Admin. Code § 35:37-19-3
Adopted by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/12/2022 Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/11/2023 Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024

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