The Science
What Makes a Food Shelf-Stable?
A food is considered shelf-stable — or Non-TCS (Non-Time/Temperature-Controlled for Safety) — when it cannot support the rapid growth of harmful bacteria at room temperature. Oklahoma's Homemade Food Freedom Act defines this using two measurable thresholds: pH and water activity (aw).
If your product meets either threshold, it qualifies as non-TCS and can be sold through all channels available under the HFFA — including retail stores, online orders, wholesale, and mail delivery.
Threshold 1
≤ 4.6
pH (Acidity)
Foods at or below pH 4.6 are acidic enough that most harmful bacteria cannot survive or grow. Vinegar-based pickles, jams, jellies, and most hot sauces fall in this range.
Threshold 2
≤ 0.85
Water Activity (aw)
Water activity measures how much "free" water is available for bacterial growth. Dried foods, candy, and high-sugar products typically fall below 0.85 — meaning bacteria can't get the moisture they need.
Your product only needs to meet one of these two thresholds to be classified non-TCS. Many products — like jam — are both high-acid and high-sugar, clearing both bars comfortably. Others, like certain pickles or salsas, may need lab testing to confirm their classification.
When in doubt, test. ODAFF recommends sending a product sample to a food testing laboratory to verify pH and water activity before selling, especially for salsas, pickled vegetables, acidified foods, pies, and fermented products. Contact the OSU Food and Agricultural Products Center for a lab referral: fapc@okstate.edu
Common Products — Non-TCS vs. Borderline
| Product |
Typical Classification |
Notes |
| Jams & Jellies |
Non-TCS |
High sugar + high acid; well below both thresholds |
| Cookies & Brownies |
Non-TCS |
Low moisture; aw typically well below 0.85 |
| Bread & Rolls |
Non-TCS |
Shelf-stable; no perishable toppings or fillings |
| Granola & Trail Mix |
Non-TCS |
Dry ingredients; low water activity |
| Spice Blends & Rubs |
Non-TCS |
Dry; aw far below threshold |
| Honey |
Non-TCS |
Extremely low aw; naturally antimicrobial |
| Hot Sauce |
Test recommended |
Usually pH ≤ 4.6 with vinegar; recipe-dependent |
| Salsa |
Test recommended |
Highly recipe-dependent; test pH before selling |
| Pickles (vinegar-brined) |
Test recommended |
Typically non-TCS if properly acidified; refrigerator pickles are TCS |
| Fermented Vegetables |
Test recommended |
pH drops during fermentation; test final product |
| Cream-Frosted Cake |
TCS |
Dairy frosting = perishable; requires direct delivery |
| Fresh Cream Pies |
TCS |
Custard/cream filling; TCS — direct delivery only |
Annual Limit
The $75,000 Sales Cap
Oklahoma Annual Gross Sales Limit
$75,000
per year · per producer
This is the total gross revenue from all homemade food sales combined — across every product, every venue, and every channel. It is not per product or per location.
The $75,000 cap is one of the most generous in the country. For context, most home food businesses generate under $20,000 per year — so the cap gives sellers significant room to build a real business before needing to transition to a licensed commercial facility.
The limit applies to your gross sales — meaning the total amount customers pay you, before any expenses are deducted. It covers the calendar year (January 1 – December 31) and applies to your total business output as a single producer or household.
What happens if you exceed $75,000? You must either stop selling cottage food for the remainder of the calendar year, or transition to a licensed commercial food facility. Commercial facilities allow unlimited sales but require a separate ODAFF food processing license, a commercial (non-home) kitchen, and regular inspections. A new calendar year resets your cap to zero.
Good news for growing businesses: Oklahoma's franchise tax was eliminated in 2024, and transitioning to an LLC costs just $100 to file. If your business is approaching the cap, that's a sign your home food operation is thriving — and the path to a licensed facility is more accessible in Oklahoma than most states.
Sales Channels
Where You Can Sell Shelf-Stable Products
Non-TCS products have the widest sales reach available under the HFFA. Oklahoma is one of the few states that allows shelf-stable cottage food in retail stores and wholesale — a significant competitive advantage for home food businesses.
🏠
Direct from Home
Sell from your residence — front porch, driveway, or by appointment
🌾
Farmers Markets
All Oklahoma farmers markets — year-round and seasonal
💻
Online Sales
Your own website or marketplace platforms — in-state sales confirmed; interstate [VERIFY with ODAFF]
🛒
Retail & Grocery Stores
Non-TCS products only; retailer must display required placard at point of sale
📦
Wholesale
Non-TCS products only; buyer must display placard when reselling
🚚
Mail Order & Delivery
Third-party carriers allowed for non-TCS; label or label insert required in shipment
🎪
Craft Fairs & Flea Markets
All events; no special event permit required under HFFA
🤝
Buying Clubs & Co-ops
Membership-based buying clubs and the Oklahoma Food Cooperative allowed
🍽️
Restaurants
Not permitted — cannot sell to food service establishments
🍱
Catering
Not permitted under the HFFA cottage food framework
Retail and wholesale placard requirement: When your non-TCS products are sold through a third-party retailer, grocery store, or reseller, that vendor must display a placard near your products that reads: "This product was produced in a private residence that is exempt from government licensing and inspection. This product may contain allergens." This is the retailer's responsibility, but confirm it's in place before agreeing to any wholesale arrangement.
Handling Requirements
Storage & Handling for Shelf-Stable Products
Oklahoma's HFFA does not specify detailed storage and handling requirements for non-TCS products beyond what good manufacturing practices would dictate. However, following standard food safety practices protects both your customers and your business.
Produce in your primary residence only. The HFFA requires that all cottage food products be made in your home — not in a separate outbuilding, garage kitchen, or commercial space.
Store away from chemicals and non-food items. Keep finished products in a clean, dry area separate from cleaning supplies, pet food, and other contaminants.
Use food-grade packaging. All containers, bags, jars, and wraps that contact your food should be food-safe and appropriate for the product type.
Label every unit before it leaves your home. The HFFA requires labeling on each unit of food offered for sale — not just the outer shipping box.
No commercial kitchen equipment at home. Using commercial-grade equipment (commercial ranges, mixers over a certain capacity) may disqualify your operation from cottage food status. Residential equipment is the standard.
Keep batch records for traceability. While not legally required under HFFA, maintaining simple production records (date, ingredients, quantities) creates a paper trail if a complaint or recall is ever needed.