Exemptions

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 which are incidental to the business, and does not have food in storage; a kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale; 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 three (3) 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; or individual farmers' market vendors that are in OAC 310:257 OKLAHOMA STATE DEPARTMENT OF HEALTH Page | 17 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 and/or a produce stand that offers only whole, uncut and unprocessed fresh fruits, melons, vegetables and legumes and/or whole uncracked and unprocessed nuts. OAC 310:257 OKLAHOMA STATE DEPARTMENT OF HEALTH Page | 18 Subchapter 3 - Management and Personnel Section 310:257-3-1 Assignment Section 310:257-3-2 Demonstration Section 310:257-3-3 Person in charge. Section 310:257-3-4 Responsibility of the person in charge to require reporting by food employees and applicants Section 310:257-3-5 Exclusions and restrictions Section 310:257-3-6 Removal, adjustment, or retention of exclusions and restrictions Section 310:257-3-7 Responsibility of a food employee or an applicant to report to the person in charge [Revoked] Section 310:257-3-8 Reporting by the person in charge [Reserved] Section 310:257-3-9 Clean condition Section 310:257-3-10 Cleaning procedure Section 310:257-3-11 Special handwash procedures [Reserved] Section 310:257-3-12 When to wash Section 310:257-3-13 Where to wash Section 310:257-3-14 Hand antiseptics Section 310:257-3-15 Maintenance Section 310:257-3-16 Prohibition Section 310:257-3-17 Clean condition Section 310:257-3-18 Eating, drinking, or using tobacco Section 310:257-3-19 Discharges from the eyes, nose, and mouth Section 310:257-3-20 Effectiveness Section 310:257-3-21 Handling prohibition