Oklahoma Cottage Food Law: Labels, Limits & When You Need Nutrition Facts

Last verified 16 Sep 2026 · Sources

Oklahoma’s Homemade Food Freedom Act lets you sell most non-hazardous foods, and some refrigerated ones, without a state license, as long as your gross annual sales stay under $75,000 (rising to $250,000 in November 2026). No inspection, no permit fee, but the label needs an exact exemption sentence in at least 10-point type, and skipping or paraphrasing it is the most common way makers get flagged. A real Nutrition Facts panel only becomes necessary once your product carries a nutrient content or health claim, or your business moves into a channel the exemption doesn’t cover.

Quick facts	Oklahoma
Revenue cap	$75,000/yr gross (rising to $250,000, Nov. 1, 2026)
Permit or registration	None; optional $15/yr ODAFF registration for label privacy
Sales channels	Direct, online/mail in-state; retail/vendors for non-TCS foods
Online sales	Yes, within Oklahoma
Required label statement	“This product was produced in a private residence that is exempt from government licensing and inspection.”
Nutrition Facts panel	Not required unless you make a nutrient claim or sell outside the exemption
Administered by	Oklahoma Department of Agriculture, Food and Forestry (ODAFF)
Governing law	Oklahoma Homemade Food Freedom Act (2 O.S. § 5-4.1 et seq.)

What Oklahoma lets you sell from home

The Homemade Food Freedom Act (2 O.S. § 5-4.1 et seq., enacted by House Bill 1032, effective November 1, 2021) splits homemade foods into two tiers. Non-time/temperature-controlled-for-safety (non-TCS) foods (anything with a pH of 4.6 or below or a water activity of 0.85 or below, such as breads, cookies, candies, honey, jams and jellies, pickled and fermented items, dry mixes, and roasted nuts) face the fewest restrictions (2 O.S. § 5-4.2, § 5-4.3; ODAFF Food Safety Division). Time/temperature-controlled (TCS) foods (items that need refrigeration, like custard pies, cheesecake, cooked sauces, and some cheeses) are allowed too, but only after you complete an approved food safety training course of up to 8 hours, such as ServSafe or an Oklahoma State University workshop (ag.ok.gov). Prohibited across both tiers: seafood, meat and meat by-products, poultry and poultry by-products, unpasteurized milk, and alcohol or cannabis products (2 O.S. § 5-4.2).

Permits, registration, and the revenue cap

There’s no license or inspection to obtain from ODAFF or the Oklahoma State Department of Health for a compliant home food establishment. The statute exempts producers under the sales threshold outright (2 O.S. § 5-4.3). Registration is optional: for $15 a year, you can register with ODAFF and print an assigned registration number on your label instead of your name, address, and phone number, a privacy option added by House Bill 2975 in 2024 (ag.ok.gov; HFFA Producer Registration form). The revenue cap is $75,000 in gross annual sales of prepared food, measured across the whole operation (2 O.S. § 5-4.2). That number is changing: House Bill 3720, signed by the governor in May 2026 and effective November 1, 2026, renames the act the Local Food Freedom Act and raises the cap to $250,000 while keeping the labeling and food-safety framework intact (LegiScan HB 3720; Oklahoma governor’s office). Until that date, $75,000 is the operative figure.

Where you can sell

Non-TCS products can move through nearly every channel: direct producer-to-consumer sales in person or online, farmers markets, retail stores, buying clubs, craft and flea markets, and delivery by the producer, a designated agent, a third-party vendor, or a common carrier (2 O.S. § 5-4.3). Third-party sales require a placard carrying the exemption disclosure at the point of sale. TCS products are far more restricted: they have to go directly from you to the consumer, in person or by remote order, with no third-party vendor, market booth run by someone else, or carrier in between (2 O.S. § 5-4.3). The statute doesn’t address sales to customers outside Oklahoma; it’s written around in-state production, sale, and delivery.

What has to be on the label

Per 2 O.S. § 5-4.4 and ODAFF’s own guidance, every homemade food label needs:

The product’s common or usual name
Your name, address, and phone number, or an ODAFF-issued registration number in their place, if registered
Ingredients in descending order of predominance
A declaration of major allergens present (milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame)
The required disclosure statement, in a legible font of at least 10-point size

“This product was produced in a private residence that is exempt from government licensing and inspection.”

(2 O.S. § 5-4.4; House Bill 1032, enrolled text)

For bulk or unpackaged items sold in person, the same disclosure goes on a placard at the point of sale and on a card the customer can take with them. For internet orders, the information has to appear on the webpage where the item is sold, and each shipped item still needs a label in or on the container.

When you need a Nutrition Facts panel

Homemade food sold under Oklahoma’s exemption is exempt from FDA nutrition labeling until one of two things happens. First, a nutrient content or health claim: the moment a label, a farmers-market sign, or an Instagram caption says something like “low sugar” or “high protein,” that claim needs numbers behind it in a compliant format under 21 CFR 101.9. The exemption doesn’t cover claims, wherever they appear. Second, the sales channel: moving beyond what the Homemade Food Freedom Act allows (true wholesale outside its third-party provisions, out-of-state sales, or shifting production into a commercial kitchen’s distribution) puts your business under standard food-labeling rules, Nutrition Facts included.

A panel built from your own recipe lets your label keep up as your sales grow toward the new cap. Enter your recipe, then see your label: the calorie count, the nutrient content claims you qualify for and your allergen line show free, no card required, while every other value and %DV stays hidden until you unlock it. $29 unlocks every other nutrient value and %DV, every FDA format your product qualifies for, plus the ingredient statement and allergen declaration, ready to print. Start your label, or compare Oklahoma’s cap with other states on the cottage food laws hub.

Oklahoma cottage food FAQ

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

No. The Homemade Food Freedom Act exempts a home food establishment with gross annual sales under $75,000 from Oklahoma Department of Agriculture, Food and Forestry (ODAFF) licensing and inspection (2 O.S. § 5-4.3).

What is Oklahoma's cottage food revenue cap?

$75,000 in gross annual sales across all products. A newly enacted law (HB 3720, 2026) raises this to $250,000 and renames the act the Local Food Freedom Act, effective November 1, 2026.

What exact wording does my Oklahoma homemade food label need?

The label must state, in at least 10-point type: \"This product was produced in a private residence that is exempt from government licensing and inspection\" (2 O.S. § 5-4.4).

Can homemade foods that need refrigeration be sold in Oklahoma?

Yes, if you complete an approved food safety training course. But time/temperature-controlled (TCS) items can only be sold and delivered directly by you to the consumer, not through a store, market booth run by someone else, or third-party carrier.

Can I sell my homemade food at a farmers market or store in Oklahoma?

Yes, for non-TCS products only. Shelf-stable items can go through farmers markets, retail stores, buying clubs, and craft fairs, as long as the point-of-sale placard and label carry the required disclosure.

Can I ship homemade food to customers outside Oklahoma?

The statute doesn't provide for out-of-state sales; it covers homemade food produced and sold within Oklahoma, delivered in person, by you, or by a carrier to an in-state customer.

Nearby states

Selling into a neighboring state means that state’s rules apply there: Texas, Missouri, Colorado, New Mexico. See the full state-by-state table.

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