Oklahoma cottage food label requirements

House Bill 3720, approved by the Governor on May 5, 2026, renamed what used to be the Homemade Food Freedom Act, more than tripled the cap, let you produce somewhere other than your home, and changed two words in the required label statement. Everything on this page describes the law as amended by HB 3720.

One dated note, because the change is new: before November 1, 2026, the cap was $75,000 and the required statement said "private residence" where it now says "facility." If you are reading this in the last days of October 2026, those older terms still apply until that date. After it, use what follows.

The label Oklahoma actually requires

Section 5-4.3(A)(6) lists what must be provided to the consumer, and § 5-4.3(B) requires it "in a legible format of at least 10-point font":

1. The name and phone number of the producer.
2. The physical address where the product was produced. If you don't want that on a jar, § 5-4.3(C) lets you buy a registration number from the Oklahoma Department of Agriculture, Food, and Forestry for $15 a year and print it instead of your name, phone number, and address.
3. A description of the product.
4. The ingredient list, in descending order by weight. Sub-ingredients count. If your chocolate chips contain soy lecithin, that has to show up.
5. Allergen declaration. The statute names "the eight most common allergens"; federal law now covers nine: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame (FASTER Act, January 1, 2023), and ODAFF lists all nine. Declare them in the ingredient list or in a "Contains" statement, and name tree nuts, fish, and shellfish by species.
6. The Oklahoma disclaimer, word for word.

Net weight is not on the state list, but it becomes required the day you leave the exemption.

Section 5-4.3(B) also says where those six items go. On a label affixed to the package if the product is packaged. On the container if you sell from a bulk container. On a placard at the point of sale plus a card the customer can carry away if the product is not packaged. And on the webpage if you sell online, with a proper label on each item or in the shipping box.

The exact disclaimer wording

Section 5-4.3(A)(6)(f), as amended by HB 3720 and effective November 1, 2026, requires legible print stating:

This product was produced in a facility that is exempt from government licensing and inspection.

The word is "facility" because a local food establishment no longer has to be a home. ODAFF's food safety page shows this wording; use it. Don't paraphrase it, don't shorten it, and don't swap in Arkansas's "state licensing" version. Inspectors read this string literally.

A third-party vendor selling your product must display a placard where it is shelved with the same statement followed by "This product may contain allergens." That is § 5-4.3(A)(1)(b), and the placard wording changed to "facility" on the same date.

Where a Nutrition Facts panel becomes required

No US state requires a full Nutrition Facts panel on cottage food products. You need one when:

1. You make a nutrient content claim — "high protein," "low sugar," "keto," "sugar free." Any of these obligates the panel that substantiates it.
2. You make a health claim — connecting your food to a disease or health condition.
3. You outgrow your state's cottage food cap and move to a commercial kitchen. At that point you are a regular food manufacturer and the cottage exemption is gone.
4. You sell wholesale or into retail. Cottage exemptions are almost universally direct-to-consumer only.
5. You sell on Amazon or another marketplace that requires a panel. Amazon's requirement is contractual, not legal, and it does not care what your state says.

Trigger four is the one to watch in Oklahoma: shelf-stable products can go through a grocery store as a third-party vendor, and a grocery buyer will often ask for a panel as a condition of carrying you, even though the act doesn't. With the cap now at $250,000, trigger three is a distant worry for most makers; triggers one and four will get to you first.

Trigger one catches more people than the other four combined, and it catches them somewhere they don't expect. Under 21 CFR 101.9(j)(18), the exemption is void if the claim appears in advertising — not just on the package. Calling your granola "high protein" in an Instagram caption is enough to require the panel on the bag.

What you can and can't make in Oklahoma

Oklahoma uses an exclusion model: anything not prohibited is allowed, including refrigerated foods. The act splits products into non-TCS foods (pH of 4.6 or below, or water activity of 0.85 or less) and TCS foods (everything else). Which bucket you fall into decides where you can sell and whether you need training, so pin it down before you print anything.

Allowed: baked goods, candy, jams and jellies, granola, dry mixes, roasted coffee, pickles and fermented vegetables, sauces and salsas, beverages, and refrigerated TCS foods such as cheesecake.

Prohibited:

If your product is on that list, cottage food law is not your path in Oklahoma. Jerky makers need a licensed commercial kitchen, and once you're operating out of one you're a food manufacturer under federal law — full labeling, including a Nutrition Facts panel, unless you qualify for the small business exemption below.

Where you can sell

Section 5-4.3(A)(1) through (4) draws the line. Non-TCS products can be sold by you, your 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, and delivered by any of those or "a third-party carrier, such as a parcel delivery service." TCS products must be sold by you directly, in person or by internet or phone, and delivered by you.

On interstate: § 5-4.3(A)(7) says a product "packaged and distributed in interstate commerce" must "also be sold and labeled in accordance with federal law." Your exemption is a state exemption from state licensing. The moment a product crosses a state line it enters interstate commerce and FDA has authority over the whole operation that made it, and for that shipment you're outside the exemption. A national mail-order brand run under this act deserves an hour with a food attorney first.

The cap, the permit, and the training

The cap is gross annual sales of prepared food, counted across every location your business produces at. It is gross, not profit, and the statute does not index it to inflation.

The reason the statute no longer says "home" is the new definition in § 5-4.2. HB 3720 defines a "local food establishment" as a business "at any location, including on the premises of a residence but excluding restaurants," so a rented or shared kitchen qualifies for the first time. The trade-off is a new condition in § 5-4.3(A)(9): you must comply with all local zoning and building code laws, and § 5-4.6 still lets counties pass ordinances on local food establishments as long as they don't conflict with the act or restrict compliant sales.

Two smaller changes worth knowing. The training requirement in § 5-4.3(A)(5) now reads "any person producing the local food," not just the producer, so if someone helps you make cheesecakes they need the course too. And § 5-4.4 spells out what ODAFF can do after a consumer complaint: ask for proof of training, verify your gross sales, and check your labeling and delivery. A violation carries a fine of up to $300 under § 5-4.5.

When you outgrow cottage food

Crossing $250,000 is not the only way out of cottage food. Any of these ends the exemption:

• You cross the cap.
• You want to make jerky or anything with meat, poultry, or seafood.
• You want to say "high protein" on the bag.
• You list on Amazon.
• You ship a product across a state line without federal-compliant labeling.

Whichever one gets you first, the day after it happens you are a food manufacturer, and food manufacturers label under 21 CFR 101.9. Your label now needs a Nutrition Facts panel with a serving size pulled from the RACC table in 21 CFR 101.12 — not a serving size you chose.

You might still be exempt, even out of a commercial kitchen

21 CFR 101.9(j)(18) exempts small businesses from the Nutrition Facts requirement if you have fewer than 100 full-time equivalent employees and sell fewer than 100,000 units in the US in a 12-month period. You have to file an annual notice with FDA to claim it. FDA is blunt about the follow-up: "FDA DOES NOT NOTIFY FIRMS WHEN IT IS TIME TO FILE A NOTICE." That's on you.

There's a smaller carve-out under the same section: if you're not an importer, have fewer than 10 full-time equivalent employees, and sell fewer than 10,000 units a year, you don't have to file anything at all.

And the exemption is void — filed or not — for any product carrying a nutrient content claim, a health claim, or other nutrition information, whether that appears on the label, in labeling, or in advertising. See FDA's labeling guidance for the full text.

If you've hit one of the triggers and need the panel itself, Nutrillius builds an FDA-compliant Nutrition Facts panel from your recipe in about a minute — $39 one time, no subscription. That's against $1,609–$1,724 for a single lab-analyzed sample at Medallion Labs, or $195 and a two-to-four week wait through a university extension lab.

Verify this yourself

Oklahoma has moved this law three times in five years: HB 1032 (2021), HB 2975 (2024), and HB 3720 (2026). Before you print labels, check the current rules with the agency directly:

• ODAFF Food Safety Division — Local Food Freedom Act
• 2 O.S. § 5-4.3 as amended: HB 3720 (2026), enrolled text effective November 1, 2026 (PDF)
• Prior version: HB 2975 (2024), enrolled text showing the section before HB 3720 (PDF)

This page was last reviewed October 30, 2026. If you're reading it much later than that, verify the cap and the disclaimer wording before you rely on either.