STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 883	By:	Shortey

AS INTRODUCED

An Act relating to food preparation; creating the Oklahoma Home Bakery Act; providing short title; defining terms; prohibiting certain acts without a license; providing for issuance of license; authorizing State Health Department to inspect home food establishments; authorizing the State Health Department to promulgate rules; providing penalty; providing for codification; and providing an effective date.

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 "Oklahoma Home Bakery Act".
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-1441 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  As used in the Oklahoma Home Bakery Act:
1.  "Home food establishment" means a business on the premises of a residence in which prepared food is created for sale, resale, or for consumption off the premises, and gross annual sales of prepared food is less than Twenty Thousand Dollars ($20,000.00).  However, a home food establishment shall not include a residence in which food is prepared to be used or sold by churches, fraternal societies, charitable organizations, or civic organizations;
2.  "Prepared food" means baked goods including but not limited to breads, cakes, biscuits and pies; and
3.  "Department" means the State Department of Health.
B.  A person shall not open or operate a home food establishment until a license has been obtained from the State Department of Health.  The Department shall issue up to one thousand (1,000) licenses each year and collect a fee of Seventy-five Dollars ($75.00) for each license.  A license shall expire two (2) years from date of issuance.  A person with a license pursuant to this subsection may apply for renewal of the license sixty (60) days prior to the expiration of the current license.  The Department shall not deny renewal of the license due to the limit of issuances set forth in this paragraph.
C.  The Department shall provide for the periodic inspection of a home food establishment.  The inspector may enter the home food establishment at any reasonable hour to make the inspection.  The Department shall inspect only those areas related to preparing food for sale.
D.  The Department shall promulgate rules necessary to implement the provisions of the Oklahoma Home Bakery Act.
E.  A violation of the provisions of the Home Bakery Act shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00).  A second or subsequent conviction for violation of the provisions of this act shall be punishable by a fine of not more than Two Thousand Dollars ($2,000.00).
SECTION 3.  This act shall become effective November 1, 2013.

54-1-1181	QD	1/17/2013 3:15:45 PM