Who the Food Freedom Act covers
The Food Freedom Act replaced the old Arkansas Cottage Food Act and covers far more foods. A "producer" is anyone who makes homemade food or drink at their private residence, which can be a farm or ranch where they live. You sell to an "informed end consumer": the last buyer, who won't resell the food and has been told through your label and signage that it was not made in a licensed or inspected facility.
The exemption covers state health permits and inspection, not everything. Business licenses and taxes still apply, and the food must not be adulterated or misbranded under the Arkansas Food, Drug, and Cosmetic Act.
Which foods you can sell
The test is simple: the food or drink must not need time or temperature control for safety. The Arkansas Department of Health guide lists, among others:
- Breads, cookies, cakes
- Fruit pies
- Fudge, brittle, caramels
- Jams and jellies
- Fruit butters
- Granola and trail mix
- Dried herbs and seasonings
- Freeze-dried fruit
- Buttercream and fondant
- Packaged teas and lemonade
- Barbecue sauce and ketchup
- Pickles and salsa
Pickled cucumbers, salsa and other acidified vegetables qualify only at a finished equilibrium pH of 4.6 or lower. You get there in one of three ways: an ADH-approved recipe source, a process checked by a food process authority, or your own calibrated pH meter on every batch. Number each batch on the label and log the recipe, where it came from (or the pH you measured) and the day you made it.
Process Authority →Not allowed without an ADH permit:
- Meat, poultry, seafood and anything made with them, including jerky
- Dairy products like milk, cheese and butter
- Cheesecake, cream pies, custards and other foods that need refrigeration
- Low-acid canned foods like green beans, corn or soups
- Sprouts, cut leafy greens, cut tomatoes or melons, and garlic-in-oil
- Products with CBD, THC or hemp extracts
Where and how you can sell
The sale goes to the end consumer, but you choose the route. You, an agent like a friend or employee, or a third-party vendor can make the sale, in person, by phone or online.
| Way of selling | Allowed? |
|---|---|
| From your home, farm, ranch or office | Yes |
| Farmers markets | Yes |
| Online, by phone or in person | Yes |
| Shipping by mail or parcel carrier | Yes |
| Through a retail shop or grocery store | Yes, kept separate from inspected foods |
| Restaurants, for use in their kitchen | No |
| To someone who resells it | No, only the store acting as your vendor |
| Into another state | Only if you follow all federal laws |
Planning to sell out of state? ADH advises contacting FDA and the other state's health authorities first, because their rules may differ.
Permits, records and paperwork
There is no Food Freedom Act registration and no health department sign-off for your kitchen. What you do keep:
If you're not sure which category a food falls in, the Environmental Health Specialist at your ADH Local Health Unit can tell you.
When you outgrow the Food Freedom Act
Want to sell cheesecake, jerky or canned green beans, supply a restaurant, or sell food someone else will resell? Then you need an ADH-permitted retail food establishment or food processing plant. Selling across state lines puts you under federal rules too, which usually means a full FDA label with net quantity and often a Nutrition Facts panel.
Nutrition Facts Label Requirements →