The following words and terms, when used in this Part, shall have the following meanings, unless the context clearly indicates otherwise:
"Bottled water" means water that is placed in a safety sealed container or package for human consumption. Bottled water is calorie-free and does not contain sweeteners or other additives except that it may contain:
(D)Vitamins, minerals, and electrolytes;(G)Only those flavors, extracts, or essences derived from a spice or fruit. [68 O.S. § 1352(1)]"Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. Candy shall not include any preparation containing flour or requiring refrigeration. [68 O.S. § 1352(5)]
"Dietarysupplements" means any product, other than tobacco which is, required to be labeled pursuant to 21 C.F.R. Section 101.36 as a dietary supplement and are intended to supplement the diet. Dietary supplements are ingested in tablet, capsule, powder, softgel, gelcap, or liquid form. If not intended for ingestion in such form, they are not represented as conventional food and are not meant to be the sole item of a meal or of the diet. Dietary supplements contain one or more of the following dietary ingredients:
(C)an herb or other botanical;(E)a dietary substance to supplement the diet by increasing the total dietary intake; or(F)a concentrate, metabolite, constituent, extract, or combination of any ingredient described in subparagraphs (A) through (E) of this paragraph. [68 O.S. § 1352(11)]"Eating utensil" means a useful tool or instrument used in the consumption of food. Eating utensils does not include material that is used solely to package and transport food. The term includes, but is not limited to:
(I) Skewers inserted into food and handed to the customer"Food and food ingredients" means substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. Food and food ingredients shall include bottled water, candy, and soft drinks. Food and food ingredients shall not include:
(C)Marijuana, usable marijuana, or marijuana-infused products;(D)Over-the-counter medications with a drug facts box or active ingredients labeling;(F)Tobacco. [68 O.S. § 1352(16)]"Food sold with eating utensils provided by the seller" means food sold with eating utensils provided by the seller who meets the following requirements:
(A)For a seller with a prepared food sales percentage (PFS%) of greater than 75%, the seller makes eating utensils available to purchasers or, if a food item is bottled water, candy, or soft drinks, the seller gives or hands the eating utensils to purchasers or makes plates, bowls, glasses, or cups that are necessary for the purchaser to receive the food available to purchasers. If a food item has four or more servings packaged as one food item sold for a single price, the seller must give or hand eating utensils to the purchaser. Serving sizes must be determined based on a label on an item sold, or if no label is available, then a seller shall determine the reasonable number of servings in an item, or(B)For a seller with a PFS% of 75% or less, the seller's business practice is to give or hand eating utensils to purchasers. Eating utensils necessary for the purchaser to receive the food, such as bowls and cups, need only be made available to purchasers.(C)Food sold with eating utensils provided by the seller does not include food items that have a utensil placed in a package with the food items by a food manufacturer. [68 O.S. § 1352(17)] "Prepared food" means:
(A)Food sold in a heated state or that is heated by the seller;(B)Two or more food ingredients mixed or combined by the seller for sale as a single item; or(C)Food sold with eating utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws, but does not include a container or packaging used to transport the food; and(D)Prepared food shall not include:(i)Food sold by food manufacturer, except for bakeries and tortilla manufacturers (NAICS subsector 3118);(ii)Food sold in an unheated state by weight or volume as a single item; and(iii)Food sold that ordinarily requires additional cooking, not including just reheating, by the consumer prior to consumption. [68 O.S. § 1352(25)]"Soft drinks" means any nonalcoholic beverages that contain natural or artificial sweeteners. Soft drinks shall not include beverages that contain:
(A)Milk or milk products;(B)Soy, rice, oat, or similar milk substitutes; or(C)Greater than 50% of vegetable or fruit juice by volume. [68 O.S. § 1352(31)]Okla. Admin. Code § 710:65-13-570
Adopted by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 7/15/2024, exp. 9/14/2025 (Emergency)