Arkansas
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.
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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
Diana st john
Hi I have a couple of questions. I realize I cannot sell anything online. But can you do a website where customers can yes the products then contact me for a direct sell. Other words there would no check out button and no place to put credit card info. Just set thru email, phone or messenger. I see candied apples are not allowed but what bout caramel apples. Thank you diana
Sarita
I’m interested in starting a natural organic skin care line that will be home based
David Crabill
That would not fall under this cottage food law. You should contact your local health dept about the requirements for selling skin products.
stacy
Can soup mixes or bread mixes that you repackage at home be sold?
David Crabill
I don’t think those would be allowed. You need to produce them in a commercial kitchen. https://forrager.com/faq/#commercial
Adam Penningotn
Also, what if I started selling thing in Arkansas like peanut brittle, peanut patties and brownie brittle?
David Crabill
It is the same, as long as you are using commercially-produced nuts that you purchase from the store, you should be able to add them to a candy like peanut brittle.
Adam Pennington
Hey, David. I live in Arkansas and I was going to start selling cookies. I understand that I can’t put pecans or peanuts in my cookies. I noticed that those are prohibited for sale or does that mean only when sold separately? Also, I thought about making my own granola bars and selling them, but than I noticed that dried fruit is not allowed. Does that mean it’s not allowed to be sold separately or am I allowed to sell raisin granola bars or oatmeal raisin cookies?
David Crabill
As long as your items are thoroughly baked, they should be allowed. You should definitely be able to add nuts to your cookies. As for the granola, you likely can use dried fruit, but I would check with the health dept first. Please keep in mind that you would need to use commercially-produced nuts and dried fruits in your products.
Tammie
Can I sell cupcakes from home without a license?
David Crabill
Yes, as long as they don’t contain a cream frosting.
Jacob L
I’m afraid I’m not understanding why coffee beans are not allowed to be sold at farmers markets. Would you know the reasoning for this, David?
David Crabill
I agree that there is no good reason. The only “reason” is because that was not added as a category when the bill was created. And the reason it likely wasn’t added, is because the bill was probably made to be intentionally limited and simple to make it more likely to pass. In other words, if it had allowed more food items, it may have been more complex and taken longer to pass, or may have never passed. Hopefully a future amendment will allow all non-PHF foods to be sold.
arkygirl
So my understanding is if it is not listed it is illegal? Would that principle not violate the Ninth Amendment which states “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ” basically affirming the existence of such “unenumerated” rights outside those expressly protected by the Bill of Rights.
I thought laws had to give a specificity of what is legal and illegal, not just an all encompassing “If we don’t say you can do it , it is illegal” ?
Perhaps someone with more legal knowledge can help me understand this.
Thank you
Stacia Livingston
Who do you need to contact to start a cookie business. Can you explain events better as to what this actually means? This also means no sales and shipping. Sorry new to this and trying to learn and understand better the rules.
David Crabill
You do not need permission from the health dept, but you may need a license or permit from other local depts. Here is more info: https://forrager.com/faq/#starting
Mary An Jarvis
Can I cell DRIED herbs? Can I sell herbal bread crumbs (made with dried herbs from my garden)
David Crabill
As far as I know, dried herbs are not allowed, since they are not included in the allowed list of foods. You would need to use a commercial kitchen to produce your bread crumbs. https://forrager.com/faq/#commercial