Read the full stored bill text
An Act
ENROLLED HOUSE
BILL NO. 3720 By: Hall, Sneed, Waldron,
Woolley, and Hildebrant of
the House
and
Hines of the Senate
An Act relating to agriculture; amending 2 O.S. 2021,
Sections 5-4.1, 5-4.2, 5-4.3, as amended by Section 1,
Chapter 16, O.S.L. 2024, 5-4.4, 5-4.5, and 5-4.6 (2 O.S.
Supp. 2025, Section 5-4.3), which relate to the Homemade Food
Freedom Act; renaming the Homemade Food Freedom Act to the
Local Food Freedom Act; modifying definitions; updating
statutory language; and providing an effective date.
SUBJECT: Agriculture
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 5-4.1, is
amended to read as follows:
Section 5-4.1. This act shall be known and may be cited as the
"Homemade Local Food Freedom Act".
SECTION 2. AMENDATORY 2 O.S. 2021, Section 5-4.2, is
amended to read as follows:
Section 5-4.2. As used in the Homemade Local Food Freedom Act:
1. "Home Local food establishment" shall mean a business at any
location, including on the premises of a residence but excluding
restaurants, in which homemade local food products are created for
sale or resale if the business has gross annual sales of prepared
food of less than Seventy-five Thousand Dollars ($75,000.00) Two
Hundred Fifty Thousand Dollars ($250,000.00). Gross annual sales
includes all sales of prepared food produced by the business at any
location;
ENR. H. B. NO. 3720 Page 2
2. "Delivered" shall mean transferred to the customer, either
immediately upon sale or at a time thereafter;
3. "Homemade Local food product" shall mean food, including a
beverage, which is produced and, if packaged, packaged at a
residence local food establishment; provided, however, homemade
local food product shall not mean alcoholic beverages or
unpasteurized milk or cannabis or marijuana products;
4. "Non-time- or -temperature-controlled for safety" shall mean
food that does not require time or temperature control for safety to
limit the rapid and progressive growth of infectious or toxigenic
microorganisms, including foods that have a pH level of four and
six-tenths (4.6) or below or a water activity (aw) value of eighty-
five one-hundredths (0.85) or less;
5. "Time- or temperature-controlled for safety" shall mean a
food that requires time or temperature control for safety to limit
infectious or toxigenic microorganisms and is in a form capable of
supporting rapid and progressive growth of infectious or toxigenic
microorganisms; provided, however, time- or temperature-controlled
for safety shall not include foods that have a pH level of four and
six-tenths (4.6) or below or a water activity (aw) value of eighty-
five one-hundredths (0.85) or less;
6. "Produce" shall mean to prepare a food product by cooking,
baking, drying, mixing, cutting, canning, fermenting, preserving,
dehydrating, growing, raising or other process; and
7. "Producer" shall mean the person or business entity who
produces a homemade local food product in a home local food
establishment.
SECTION 3. AMENDATORY 2 O.S. 2021, Section 5-4.3, as
amended by Section 1, Chapter 16, O.S.L. 2024 (2 O.S. Supp. 2025,
Section 5-4.3), is amended to read as follows:
Section 5-4.3. A. The production and sale of homemade local
food products that meet the following conditions shall be exempt
from all licensing and other requirements of the State Department of
Health and the Oklahoma Department of Agriculture, Food, and
Forestry:
1. Non-time- or -temperature-controlled-for-safety homemade
local food products shall be sold:
ENR. H. B. NO. 3720 Page 3
a. by the producer directly to the consumer, either in
person or by remote means, including, but not limited
to, the Internet or telephone, or
b. by a producer's 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, to the consumer; provided,
the third-party vendor displays a placard where
homemade local food products are displayed for sale
with the following disclosure: "This product was
produced in a private residence facility that is
exempt from government licensing and inspection. This
product may contain allergens.";
2. Non-time- or -temperature-controlled-for-safety homemade
local food products shall be delivered:
a. by the producer or producer's designated agent
directly to the consumer or third-party vendor, or
b. by a third-party vendor or a third-party carrier, such
as a parcel delivery service, to the consumer or a
third-party vendor;
3. Time- or temperature-controlled-for-safety homemade local
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;
4. Time- or temperature-controlled-for-safety homemade local
food products shall be delivered by the producer directly to the
consumer;
5. Before a producer produces and sells time- or temperature-
controlled-for-safety homemade local food products, the producer any
person producing the local food shall complete and pass food safety
training from a list of providers, including the ServSafe Food
Handler Training, approved by the Oklahoma Department of
Agriculture, Food, and Forestry. The food safety training shall be
available to complete online and shall not exceed eight (8) hours in
length. The Oklahoma Department of Agriculture, Food, and Forestry
shall make the list of approved training available on its website by
November 1, 2021;
ENR. H. B. NO. 3720 Page 4
6. The following information shall be provided to the consumer
in the format required by subsection B of this section:
a. the name and phone number of the producer,
b. the physical address where the product was produced,
c. a description of the homemade local food product,
d. the ingredients of the homemade local food product in
descending order of proportion,
e. a statement indicating the presence of any of the
eight most common allergens, including milk, eggs,
peanuts, tree nuts, soy and wheat, and
f. legible print stating, "This product was produced in a
private residence facility that is exempt from
government licensing and inspection.";
7. If the homemade local food product is packaged and
distributed in interstate commerce, it shall also be sold and
labeled in accordance with federal law; and
8. Homemade Local food products shall not contain seafood or
meat, meat by-products or meat food products as defined by Section
301.2 of Title 9 of the Code of Federal Regulations or poultry,
poultry products or poultry food products as defined for purposes of
the federal Poultry Products Inspection Act; and
9. The producer complies with all local zoning and building
code laws.
B. The information required by paragraph 6 of subsection A of
this section shall be provided in a legible format of at least 10-
point font, in the following manner:
1. On a label affixed to the package if the homemade local food
product is packaged;
2. On a label affixed to a container, if the homemade local
food product is offered for sale from a bulk container directly to
the consumer;
ENR. H. B. NO. 3720 Page 5
3. On a placard displayed at the point of sale, and on a card
or other item that is made available to the consumer and is readily
carriable if the homemade local food product is not packaged; and
4. Displayed on the webpage from which the homemade local food
product is offered for sale if it is sold on the Internet; provided,
that each item sold over the Internet shall be properly labeled or
shall have a label included in the shipping container.
C. A homemade local food product producer may obtain a
registration number upon the payment of an annual fee of Fifteen
Dollars ($15.00) to the Oklahoma Department of Agriculture, Food,
and Forestry that is good for one (1) year from the date of its
issue. The assigned registration number may be used on product
labels instead of the producer's name, phone number, and the
physical address of the location where the homemade local food
product was produced.
SECTION 4. AMENDATORY 2 O.S. 2021, Section 5-4.4, is
amended to read as follows:
Section 5-4.4. Nothing in the Homemade Local Food Freedom Act
shall be construed to impede the State Department of Health in any
investigation of a reported foodborne illness. Upon receipt of a
consumer complaint, the Oklahoma Department of Agriculture, Food,
and Forestry shall have the authority to request proof of completion
of the food safety training, verify a producer's gross sales, and
ensure a producer has complied with the act's labeling and delivery
requirements. The Oklahoma Department of Agriculture, Food, and
Forestry may fine a producer who violates this act in accordance
with Section 5-4.5 of this title.
SECTION 5. AMENDATORY 2 O.S. 2021, Section 5-4.5, is
amended to read as follows:
Section 5-4.5. Violation of the Homemade Local Food Freedom Act
shall be punishable by a fine not exceeding Three Hundred Dollars
($300.00).
SECTION 6. AMENDATORY 2 O.S. 2021, Section 5-4.6, is
amended to read as follows:
Section 5-4.6. Nothing in the Homemade Local Food Freedom Act
shall be construed to prevent counties from enacting ordinances
regulating the operation of home local food establishments, provided
ENR. H. B. NO. 3720 Page 6
such ordinances do not conflict with the provisions of the Homemade
Local Food Freedom Act or impede or restrict the sale of homemade
local food products in compliance with the law.
SECTION 7. This act shall become effective November 1, 2026.
ENR. H. B. NO. 3720 Page 7
Passed the House of Representatives the 30th day of April, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________