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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2128 By: Grellner
AS INTRODUCED
An Act relating to food emancipation; creating the
Food Emancipation and Sovereignty Act of 2026;
providing short title; defining terms; allowing for
certain locally grown foods to be exempt from federal
oversight; providing for certain regulations;
authorizing State Board of Agriculture to promulgate
rules for safety and labeling; allowing certain
persons to register with the Oklahoma Department of
Agriculture, Food, and Foresty as direct food sellers
to meet requirements; providing for noncodification;
providing for codification; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Food
Emancipation and Sovereignty Act of 2026”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-3.6 of Title 2, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
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1. “Direct sale” means the sale or exchange of food products
directly from a producer to an end consumer, including through farm
stands, farmers’ markets, delivery arrangements, or community-
supported agriculture or on farm, “farm-to-table” meals;
2. “Local food product” means any meat, grain, dairy, eggs,
nuts, honey, vegetable, fruit, or baked or prepared food product
that is produced, processed, or cooked entirely within the state;
3. “Producer” means an individual or family farm, ranch,
bakery, dairy, or kitchen operating within the state that raises,
grows, harvests, or creates agricultural or food products for direct
sale; and
4. “State jurisdiction” means regulatory or inspection
authority administered by a state agency, county, or municipal
government of this state.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-3.7 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. Food products that are produced, processed, and sold
entirely within the state and do not enter interstate commerce shall
be deemed under exclusive state jurisdiction.
B. The sale or provision of local food products directly from a
producer in this state to a consumer in this state shall be exempt
from federal oversight, licensing, or food inspection including, but
not limited to, regulations administered by the United States Food
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and Drug Administration or the United States Department of
Agriculture, to the fullest extent permitted by federal law.
C. The Oklahoma Department of Agriculture, Food, and Forestry
shall promulgate simplified safety and labeling standards applicable
only to intrastate transactions under this section, ensuring:
1. Clarity of origin labeling;
2. Transparency of direct-product ingredients; and
3. Minimum sanitation requirements consistent with food safety
best practices.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-3.8 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. No state or local agency shall penalize or restrict a
producer from selling local food directly to consumers provided the
transaction occurs wholly within state boundaries.
B. No state or local agency shall penalize or restrict the
sales of local producers whether through monetary sales restrictions
or limiting the quantity of products sold.
C. Producers may, but are not required to, register with the
Oklahoma Department of Agriculture, Food, and Forestry as “Oklahoma
Direct Food Sellers” to qualify for simplified labeling and
cooperative marketing support.
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D. The allowable state fees or permits for producers shall not
exceed a seventy-five-dollar one-time plan review fee, seventy-five-
dollar credential fee, and seventy-five-dollar annual renewal fee.
SECTION 5. This act shall become effective July 1, 2026.
SECTION 6. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-3499 YG 1/15/2026 1:13:40 PM