Arkansas Can you legally sell food from home in Arkansas?

Cottage Food Law

Arkansas created a cottage food law in 2011 (Act 72), and it was amended three times (2017 Act 399, 2019 Act 775, & 2021 Act 306).

However, in 2021, Arkansas replaced their cottage food law with the Food Freedom Act (SB 248), and it is now one of the best laws in the country!

Under the food freedom law, producers can sell their homemade food almost anywhere, including sales through grocery and retail stores. Even interstate sales are allowed.

Producers can sell almost any type of nonperishable food, though producers who sell acidified foods (e.g. pickles) must follow additional requirements.

There is no sales limit, and a producer does not need to get a permit from the health department. The food freedom law specifically prevents state and local governments from restricting home food producers.

Table of Contents

Selling Allowed Foods Limitations Labeling Resources Forum

Selling Where can you sell homemade food products?

Allowed Venues

Events Farmers markets Home Online Retail stores Roadside stands

Allowed Services

Delivery Home Pickup Mail order Wholesale

You cannot sell your products in food service establishments (restaurants, cafes, etc).

Your products must be sold to an informed end consumer. For instance, a grocery or retail store could sell your products to their customers, who are end consumers and can see your product labels. But you could not sell your products to a business that intends to use them to create a gift for their clients. The goal is that the person who consumes your products is informed that they are homemade.

Allowed Foods What food products can you sell from home?

Bread

Bagels Biscuits Breads Brownies Cake pops Cakes Cookies Cupcakes Donuts Macarons Muffins Pizzelles Rolls Scones Sweet breads Tortillas Wedding cakes

Candy

Brittles Buttercream frosting Candies Chocolate Confections with alcohol Cotton candy Fudge Lollipops Truffles

Condiments

Honey Ketchup Mustards Pickles Salsas Sauces Syrups Vinegars

Dry goods

Cereals Coffee beans Dried fruit Dried vegetables Herbs Mixes Pasta noodles Spices & Seasonings Tea leaves

Other

Carbonated drinks Fermented foods

Pastries

Churros Cones Danish Empanadas Other Pastries Pies

Preserves

Acidified foods Applesauce Chutneys Fruit butters Jams & jellies Marmalades Other Preserves

Snacks

Candied apples Caramel corn Chocolate-covered fruit Chocolate-covered items Crackers & Pretzels Fruit leathers Granola Kettle corn Marshmallows Nuts & seeds Popcorn Vegetable chips

Prohibited Foods

Perishable baked goods Low-acid canned foods Nut butters Oils Baked goods with alcohol Meat jerkies

There are probably more prohibited foods, but the ones above have been confirmed

See this guide for an extensive list of allowed and prohibited foods.

If you want to sell pickles or other acidified foods, you must ensure that the final pH level of the product is 4.6 or below by doing one of the following:

Use a recipe from an approved source
Get your product tested in a lab
Test each batch with a calibrated pH meter

In addition, you must label your acidified foods with a unique batch number, and maintain records that include:

The batch number
The recipe that you used
The recipe source or testing results, if needed
The date you produced the batch

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations How will your home food business be restricted?

Limitations

Commercial kitchen prohibited Primary residence

There may be more limitations, but the ones above have been confirmed

There is no sales limit

Labeling How do you label cottage food products?

Label Requirements

Business address Business name Date produced Ingredients Phone number Product name Statement

Sample Label

Chocolate Chip Cookies

"This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens."

Forrager Cookie Company

123 Chewy Way, Cookietown, AR 73531

Phone: (123) 456-7890

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)

Produced on 7/6/2022

In addition to the above, you must label acidified foods with a unique batch number.

If you do not want to put your name, address, and phone number on your labels, you can get an ID number from the ag department to use instead.

If you sell your products online, you must put this labeling information on your website.

If you sell products from a bulk container (not individually pre-packaged and labeled), you must put this labeling information on:

The bulk container
A placard at the point of sale, and
A separate document provided to the customer

Resources Where can you find more information about this law?

Links

The Food Freedom Act (Act 1040 -- ACA 20-57-5) Homemade Food Guide Homemade Food Fact Sheet Ag Extension Guide

Department

Department of Health

Contacts

Local Health Units

Law Dates

February 2011: HB 1323 (Act 72)
March 2017: HB 1256 (Act 399)
April 2019: SB 590 (Act 775)
March 2021: HB 1118 (Act 306)
July 2021: SB 248 (Act 1040)

The former cottage food law was somewhat limited. It only allowed nonperishable foods in five categories (baked goods, candy, jams/jellies, fruit butters, and chocolate-covered fruit), and only allowed direct sales from home, online, and at farmers markets, fairs, and events. Indirect sales (retail stores & wholesale) were not allowed. However, there was no sales limit nor permitting process from the health department.