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Food Service

The food service inspection program is for the protection of the consumer and of all food goods sold in the state. Its purpose is to reduce the incidence of food-borne illness and provide for a sanitary environment in food service establishments. 

There are four main categories of food facility:

HB 1032, the Homemade Food Freedom Act, effective November 1st 2021, allows for limited sales of foods produced in a private residence. These businesses are regulated by the Oklahoma Department of Agriculture, Food, and Forestry. Contact them with any questions related to the Home Made Food Freedom Act.

Honey sales by Oklahoma beekeepers with annual honey production of less than five hundred gallons are regulated by the Oklahoma Honey Sales Act.

A temporary food establishment means an establishment where food is offered for sale or sold at retail from a fixed, temporary facility in conjunction with a single event or celebration not to exceed the duration of the event or celebration.

To apply for a Temporary Food Service License, contact your local health department. Local inspectors will schedule a site-visit and issue the Temporary Food Service License.

Review the Consumer Health Service Fee Schedule for the cost on a Temporary Food License.

310:257-11-54. Prohibiting animals

(a) Except as specified in (b), (c) and (d) of this Section, live animals may not be allowed on the premises of a food establishment.

(b) Live animals may be allowed in the following situations if the contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles can not result:

(1) Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;

(2) Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;

(3) In areas that are not used for food preparation and that are usually open for customers, such as dining and sales areas, service animals that are controlled by the disabled employee or person, if a health or safety hazard will not result from the presence or activities of the service animal;

(4) Pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if:

(A) Effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas,

(B) Condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present, and

(C) Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service; and

(5) In areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly confined, such as in a variety store that sells pets or a tourist park that displays animals;

(c) Live or dead fish bait may be stored if contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot result;

310:257-3-21. Handling prohibition

(a) Pf Except as specified in (b) of this Section, food employees may not care for or handle animals that may be present such as patrol dogs, service animals, or pets that are allowed as specified in OAC 310:257-11-54(b)(2-5).

(b) Food employees with service animals may handle or care for their service animals and food employees may handle or care for fish in aquariums or molluscan shellfish or crustacea in display tanks if they wash their hands as specified under OAC 310:257-3-10 and OAC 310:257-3-12(3).

310:257-11-54. Prohibiting animals

(d) Dogs and cats may be allowed in outdoor dining areas, provided the dog or cat is controlled by the owner or handler of the animal and the following conditions are met:

(1) A separate entrance/exit is present where pets do not enter through the food establishment to reach the outdoors;

(2) No food preparation shall be allowed in the outdoor dining area, including the mixing of drinks and ice;

(3) Customer multi-use or reusable utensils such as plates, silverware, glasses, and bowls shall not be stored, displayed, or pre-set at the outdoor dining area;

(4) Food and water, either served or provided to the animal by the food establishment, shall only be distributed in single-use, disposable containers;

(5) Employees shall be prohibited from having direct contact with the animals;

(6) The outdoor dining area shall be cleanable, durable and constructed of impervious materials;

(7) The outdoor dining areas shall be maintained to remove and eliminate any animal excrement;

(8) In cases where animal excrement or other animal fluids (urine, saliva, vomit) are deposited, an employee shall immediately clean and sanitize the affected areas; and

(9) The outdoor dining area shall not be fully enclosed. Any fully enclosed dining area shall be considered a part of the interior of the facility.

310:257-11-54. Prohibiting animals

(b) Live animals may be allowed in the following situations if the contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles can not result:

(3) In areas that are not used for food preparation and that are usually open for customers, such as dining and sales areas, service animals that are controlled by the disabled employee or person, if a health or safety hazard will not result from the presence or activities of the service animal;

310:257-3-21. Handling prohibition

(a) Pf Except as specified in (b) of this Section, food employees may not care for or handle animals that may be present such as patrol dogs, service animals, or pets that are allowed as specified in OAC 310:257-11-54(b)(2-5).

(b) Food employees with service animals may handle or care for their service animals and food employees may handle or care for fish in aquariums or molluscan shellfish or crustacea in display tanks if they wash their hands as specified under OAC 310:257-3-10 and OAC 310:257-3-12(3).

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.

Contact Information

Mailing Address:
Oklahoma State Department of Health
Consumer Health Service
P.O. Box 268815
Oklahoma City, OK 73126-8815

Physical Address:
Oklahoma State Department of Health
123 Robert S. Kerr Ave.
Oklahoma City, OK

Phone: (405) 426-8250
Fax: (405) 900-7557
Email: CHSLicensing@health.ok.gov