The Home Bakery Act of 2013

ENROLLED HOUSE
BILL NO. 1094

By: Roberts (Dustin), Scott, Walker, Hoskin, Hall, Sherrer, Smalley, Bennett and Casey of the House
and

    Simpson and Dahm of the
    Senate

An Act

       An Act relating to public health and safety; creating
       the Home Bakery Act of 2013; defining terms;
       exempting certain establishment from licensing
       requirements; requiring certain establishment that
       sells prepared food to affix certain labeling
       information; providing for penalty; providing for
       certain construction; providing for codification; and
       providing an effective date.

SUBJECT:  Home Bakery Act of 2013

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

    SECTION 1.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 1-1440 of Title 63, unless there
is created a duplication in numbering, reads as follows:

    This act shall be known and may be cited as the “Home Bakery Act
of 2013”.

    SECTION 2.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 1-1440.1 of Title 63, unless
there is created a duplication in numbering, reads as follows:

    As used in the Home Bakery Act of 2013:

    1.  “Home food establishment” shall mean a business on the
premises of a residence in which prepared food is created for sale
or resale, for consumption off the premises, if the business has
gross annual sales of prepared food of less than Twenty Thousand
Dollars ($20,000.00).  Gross annual sales includes all sales of
prepared food produced by the business at any location; and

    2.  “Prepared food” shall mean any baked goods except for
products that contain meat products or fresh fruit.

    SECTION 3.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 1-1440.2 of Title 63, unless
there is created a duplication in numbering, reads as follows:

    A person operating a home food establishment shall be exempt
from the licensing requirements of the State Department of Health.
The Department, however, shall be permitted to request written
documentation in order to verify the gross annual sales of a home
food establishment.

    SECTION 4.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 1-1440.3 of Title 63, unless
there is created a duplication in numbering, reads as follows:

    A home food establishment that sells prepared food shall affix a
label that contains the following information:

    1.  The name and address of the home food establishment;

    2.  The name of the prepared food; and

    3.  The following statement printed in at least 10-point type in
a color that provides a clear contrast to the background of the
label:  “Made in a home food establishment that is not licensed by
the State Department of Health.”

    SECTION 5.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 1-1440.4 of Title 63, unless
there is created a duplication in numbering, reads as follows:

    Violation of Section 4 of the Home Bakery Act of 2013 shall be a
misdemeanor and shall be punishable by a fine not exceeding One
Hundred Dollars ($100.00).

ENR. H. B. NO. 1094 Page 2

    SECTION 6.     NEW LAW     A new section of law to be codified
in the Oklahoma Statutes as Section 1-1440.5 of Title 63, unless
there is created a duplication in numbering, reads as follows:

    Nothing in the Home Bakery Act of 2013 shall be construed to
prevent counties from enacting ordinances regulating the operation
of home food establishments, provided such ordinances do not
conflict with the provisions of the Home Bakery Act of 2013.

    SECTION 7.  This act shall become effective November 1, 2013.

ENR. H. B. NO. 1094 Page 3

Passed the House of Representatives the 7th day of March, 2013.

                                 Presiding Officer of the House
                                             of Representatives

Passed the Senate the 9th day of April, 2013.

                                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: _________________________________

ENR. H. B. NO. 1094 Page 4