Oklahoma Administrative Code
Title 310 - Oklahoma State Department of Health
Chapter 257 - Food Establishments
Subchapter 1 - Purpose and Definitions
Section 310:257-1-4 - Exemptions
Current through Vol. 42, No. 1, September 16, 2024
(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, from an approved source, which are incidental to the business, and does not have food in storage; a kitchen in a private home that is in compliance with 2 O.S. 5-4.1 et seq; 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 the number allowed by 63 O.S. §§ 1201 et seq. 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; 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; a produce stand that offers only whole, uncut and unprocessed fresh fruits, melons, vegetables and legumes and/or whole uncracked and unprocessed tree nuts; or other locations specifically exempted in law.
(b) Persons engaged solely in the sale of food products at a County Free fair as defined by Title 2 O.S. §§ 15-67 are not subject to the provisions of this Chapter.
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