SECTION 310:257-1-4. Exemptions

(a)   The food establishment definition does not include a food processing plant; a facility that sells only commercially pre-packaged, non-Time/Temperature Control for Safety Foods which are incidental to the business, and does not have food in storage; a kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale; a kitchen in a private home, such as a bed-and-breakfast operation that prepares and offers food to guests if the number of available guest bedrooms does not exceed three (3) and breakfast is the only meal offered; a lodging facility that is serving food according to OAC 310:285-3-14, Lodging Establishments; a private home that receives catered or home-delivered food; or individual farmers' market vendors that are in compliance with the definition of a farmers' market and hold a food processors license from the Oklahoma Department of Health, small egg packer license, licensed by the Oklahoma Department of Agriculture, Food and Forestry and/or a produce stand that offers only whole, uncut and unprocessed fresh fruits, melons, vegetables and legumes and/or whole uncracked and unprocessed nuts.

(b)   Persons engaged solely in the sale of food products at a Registered Farmers Market as defined by Title 2 O.S. § 5-19 are not subject to the provisions of this Chapter.

(1)   These persons are not exempted from Title 63 O.S. § 1-1118(B)(3) in regards to licensure.

(2)   The consumer shall be informed by a clearly visible placard, at least eight (8) inches by eleven (11) inches, at the sales or service location, which states "This food is prepared in a kitchen that is not inspected by the Oklahoma Department of Health".

(c)   Persons engaged solely in the sale of food products at a County Free fair as defined by Title 2 O.S. §§ 15-67 et seq. are not subject to the provisions of this Chapter.

(1)   These persons are not exempted from Title 63 O.S. § 1-1118(B)(3) in regards to licensure.

(2)   The consumer shall be informed by a clearly visible placard, at least eight (8) inches by eleven (11) inches, at the sales or service location, which states "This food is prepared in a kitchen that is not inspected by the Oklahoma Department of Health".

[Source: Amended at 19 Ok Reg 2903, eff 7-26-02 (emergency); Amended at 20 Ok Reg 1622, eff 6-12-03; Amended at 21 Ok Reg 1971, eff 4-28-04 (emergency); Amended at 21 Ok Reg 2730, eff 7-12-04; Revoked at 23 Ok Reg 2357, eff 6-25-06; Amended at 28 Ok Reg 2289, eff 11-1-11; Amended at 33 Ok Reg 1520, eff 9-11-16; Amended at 37 Ok Reg 1372, eff 9-11-20]