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
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