SECTION 310:260-1-5. Exclusion  


Latest version.
  • (a)   Persons engaged solely in the harvesting, storage, and distribution of raw, unprocessed agricultural commodities are not subject to the provisions of this Chapter.
    (b)   Persons engaged solely in the sale of honey products produced under the Oklahoma Honey Sales Act pursuant to Title 63 O.S. 1-1330 et seq. are not subject to the provisions of this Chapter.
    (c)   Persons engaged solely in the sale of food products produced under the Home Bakery Act of 2013 pursuant to Title 2 O.S. 5-4.1 et seq. are not subject to the provisions of this Chapter.
    (d)   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)   Food products shall be labeled with the common food product name, net weight, current ten (10) digit phone number, an address where the product was produced, and shall include the statement, "Packaged in a facility not inspected by the Oklahoma Department of Health." The statement shall be in 10-point type or greater, in a color that provides clear contrast to the background label.
    (e)   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)   Food products shall be labeled with the common food product name, net weight, current ten (10) digit phone number, an address where the product was produced, and shall include the statement, "Packaged in a facility not inspected by the Oklahoma Department of Health." The statement shall be in 10-point type or greater, in a color that provides clear contrast to the background label.
[Source: Amended at 9 Ok Reg 3455, eff 7-1-93 (emergency); Amended at 11 Ok Reg 2627, eff 6-25-94; Amended at 37 Ok Reg 1407, eff 9-11-20]