Okla. Admin. Code § 310:257-1-4
Current through Vol. 42, No. 4, November 1, 2024
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, 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. (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".Okla. Admin. Code § 310:257-1-4
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 11-1-11Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022