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Arkansas Cottage Food Law

Arkansas cottage food law is now the Food Freedom Act, and it gives home cooks a lot of room. Make shelf-stable food or drinks in your home, sell them in person, by phone or online, ship them by mail, or let a local shop sell them for you. There is no health permit, no inspection and no sales cap. Your part: stay away from foods that need refrigeration and put five disclosures on every package.

Arkansas cottage food law: map of the United States with Arkansas highlighted
Sales capNoneThe Food Freedom Act puts no dollar limit on your homemade food sales.
Health permitNot neededFood sold under the Act skips state licensure, certification and inspection, so ADH issues no permit for it.Ark. Code § 20-57-504
Stores and shippingAllowedA retail shop or grocery store can sell your food, and a mail or parcel carrier can deliver it.
Privacy optionID numberAsk the Arkansas Department of Agriculture for a number to print instead of your name, address and phone.
01

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.

02

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
03

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 sellingAllowed?
From your home, farm, ranch or officeYes
Farmers marketsYes
Online, by phone or in personYes
Shipping by mail or parcel carrierYes
Through a retail shop or grocery storeYes, kept separate from inspected foods
Restaurants, for use in their kitchenNo
To someone who resells itNo, only the store acting as your vendor
Into another stateOnly 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.

04

Permits, records and paperwork

There is no Food Freedom Act registration and no health department sign-off for your kitchen. What you do keep:

0 of 3 checkedSaved on this device

If you're not sure which category a food falls in, the Environmental Health Specialist at your ADH Local Health Unit can tell you.

05

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 →
The label

What your Arkansas homemade food label must say

The Act calls these disclosures. Packaged food carries them on a label. Sold from a bulk jar? Label the jar and hand each buyer a written sheet. Not packaged at all? Put them on a placard where you sell. Online, show them on your website too.

  1. 1
    Date made
    The date the food was manufactured, produced or processed.
  2. 2
    Name, address and phone
    All three, or the identification number from the Arkansas Department of Agriculture instead.
  3. 3
    Common or usual name
    What the food is, like "Pecan pie" or "Pepper jelly".
  4. 4
    Ingredients
    All of them, in descending order of predominance.
  5. 5
    Batch number
    Only for pickled cucumbers and other acidified vegetables.
  6. Required statement, word for wordCopy exactlyThis product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens.
Questions

Arkansas Cottage Food Law: questions

The Food Freedom Act replaced the Arkansas Cottage Food Act. People still call it the cottage food law, but the Food Freedom Act allows far more foods and more ways to sell.

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