Arkansas
Cottage Food Law
Arkansas created a cottage food law in 2011 (Act 72), and it was amended in 2017 (Act 399) and 2019 (Act 775).
This law is somewhat limited, since it restricts allowed food to non-PHF foods in five categories (baked goods, candy, jams/jellies, fruit butters, and chocolate-covered fruit), and only allows direct sales from home and at farmers markets, fairs, and events. Indirect sales (retail stores & wholesale) and most online sales are not allowed.
However, it is very easy for producers to get started, since the health department does not register or inspect these businesses. There is no sales limit, so producers can sell as much as they want.
2017’s amendment added chocolate-covered fruit to the list of allowed foods, and enabled sales through online farmers markets. 2019’s amendment enabled producers to setup a temporary “pop-up shop” at retail stores and other businesses, but only if sales are made in person.
Selling
“Events” only refers to county fairs and special events.
You can also sell in a “pop-up shop” in another business, like a grocery or retail store. This means that you can setup a table or stand in a store (on a temporary basis) to sell your products. However, you must personally be present for each sale, and the health department may inspect your kitchen. Indirect sales, such as placing your items on a grocery store shelf, are not allowed.
Most online sales are not allowed, but you can sell your products through an online farmers market. Typically, an online farmers market is a website that is run by a physical farmers market, where products from multiple vendors are listed for sale. You cannot sell online in other ways, such as through your own website or via social media.
Allowed Foods
You can only sell honey, maple syrup, and sorghum syrup at farmers markets, farm markets, and temporary festivals or celebrations, and you must produce them yourself.
You can sell a limited amount of whole eggs at farmers markets, but you must follow additional rules.
Limitations
Labeling
Chocolate Chip Cookies
"This Product is Home-Produced" (10-point type)
Forrager Cookie Company
123 Chewy Way, Cookietown, AR 73531
Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)
Resources
- February 2011
- HB 1323 (Act 72)
- March 2017
- HB 1256 (Act 399)
- April 2019
- SB 590 (Act 775)
Comments
Alicia
Can you sale homemade gourmet coffee and hot chocolate?
Chelsea
Hello. Where would flour that you mill at home fall as far as selling it?
Chelsea
Actually ended up finding the answer myself, but thank you for such s useful resource. :)