Home Bakery Act of 2013
The Home Bakery Act of 2013 became effective November 1, 2013. The Act allows individuals to produce and sell, from their homes, certain types of baked goods. Baked goods made with meat products or fresh fruit are not allowed. Sales are limited to $20,000 per year. No special state license or permit is required.
Effective November 1, 2017, The Home Bakery Act of 2013 as been amended with a few changes. The Oklahoma State University Extension Services has provided a great fact sheet found here.
What are the limitations of the act?
a. Only baked products
b. Only able to sell product from residence, Farmer's Markets, cooperatives, membership-based buying clubs or for delivery
c. Unable to use meat or fresh fruit
Will I be able to sell my product at farmers markets, stores, and/or restaurants?
Beginning November 1, 2017, home baked goods produced under the Home Bakery Act are allowed to be sold at Oklahoma Farmer's Markets. Home baked goods are not allowed to be sold at stores and/or restaurants.
Will I be subject to other rules and requirements?
Yes, it is possible that there are local ordinances, Tax Commission, and/or U.S. Food and Drug Administration (FDA) rules that may be in effect.
What kind of label needs to be placed on the baked product?
a. The label must be adhered or attached to the baked product
b. The label needs to be type written in at least 10 point type in a color that provides a clear contrast to the background of the label
c. The following words must be on the label: “Made in a home food establishment that is not licensed by the State Department of Health”
How do I calculate whether my home baking industry makes $20,000 or more?
Since gross sales of prepared food is what must be calculated, then all sales of baked goods must be added (do not deduct expenses) and the total of all sales must be less than $20,000.
Are breads, desserts and cakes the only products covered by the Act?
Not just baked desserts, but other baked products as well provided sales all occur at a residence and there is no meat or fresh fruit used in the baked product.
If I have a concern in regards to a product I purchased at a home bakery would the Health Department investigate?
No, HB1094 exempted Home Food Establishments (with gross annual sales of less than $20,000) from licensure with the Oklahoma State Department of Health.
Who do I contact if I have any other questions?
Contact Oklahoma State Department of Health at (405) 271-5243.