Arkansas Cottage Food & Homemade Food Guide
This comprehensive guide outlines Arkansas’s cottage food and Food Freedom Act regulations, covering what foods you can sell, labeling requirements, venues, licensing, and practical steps. It draws strictly from official Arkansas sources to provide accurate, actionable information for home-based food entrepreneurs.
Quick Facts
| Requirement | Arkansas |
|---|---|
| Annual Sales Limit | None |
| License Required | No state permit or inspection required for Non‑TCS foods |
| Registration Required | No |
| Home Inspection | No |
| Food Safety Training | No |
| Labeling Required | Yes; include date, producer contact or ID, ingredients, statement |
| Online Sales | Yes |
| Delivery | Yes (mail/shipping) |
| Shipping | Yes |
Overview / Introduction
Arkansas first allowed cottage food sales in 2011 and expanded its law in 2017, 2019 and 2021. In July 2021, the Arkansas Food Freedom Act (Act 1040 of 2021) replaced the old cottage food law, broadening what homemade, non–time/temperature control for safety (Non‑TCS) foods can be produced and sold from home without a permit or inspection (ij.org).
Sales Limits
There is no sales cap under Arkansas’s law. Producers can sell as much as they wish, anywhere the law permits (ij.org).
Licensing & Registration
No permit, license, or home inspection is required to operate under the Arkansas Food Freedom Act. However, low‑acid canned goods, meat products, and other restricted items require commercial permitting (ij.org).
Training Requirements
There is no food handler training or certification required for Non‑TCS homemade food producers under this law (ij.org).
Home Kitchen Inspection
No inspection is needed to sell homemade Non‑TCS food products. The home kitchen remains uninspected and exempt (ij.org).
Allowed Foods
Under Act 1040 (Food Freedom Act), you may produce and sell Non‑TCS foods, meaning those that do not require time or temperature control for safety. This includes:
- Bakery items, candies, jams, jellies using real sugars
- Pickles, some salsas and sauces, and acidified or fermented beverages (depending on pH)
- Maple syrup, sorghum, and honey
- Raw, whole, uncut fruits and vegetables
These categories are detailed in the Arkansas Homemade Food Production Guidelines (July 2025) (uaex.uada.edu).
Prohibited Foods
The law prohibits sale of:
- Meat, poultry, seafood, wild game
- TCS foods, including “raw or heat‑treated animal foods, plant‑based heat‑treated foods, raw seed sprouts, cut leafy greens, cut tomatoes, mixtures of garlic‑in‑oil”
- Sugar‑free jams, jellies, fruit butters or candies made with sugar substitutes (considered potentially hazardous)
These require commercial production and permitting (uaex.uada.edu).
Labeling Requirements
Each product must bear an individual label including:
- Production date
- Producer’s name, address and telephone number (or an ID number from Arkansas Department of Agriculture if withholding personal info)
- Product name
- Ingredient list in descending order of predominance
- The statement: “This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens.”
This labeling is required to inform consumers of the production environment and potential allergens (ij.org).
Where You Can Sell
You can sell products:
- From your home
- At farmers markets (in-person or online), county fairs, special events, pop‑up shops in established businesses
- Online directly to consumers within Arkansas or out-of-state (if you comply with federal regulations and the laws in the destination jurisdiction)
- Through third‑party vendors such as retail shops or grocery stores (“retail outlets”)
- By mail delivery or third‑party shipping
The law imposes no venue restrictions or sales caps (ij.org).
Sales Tax
The sources provided do not address sales tax. Entrepreneurs should consult the Arkansas Department of Finance and Administration or local tax authority to determine if sales tax applies to their cottage food business.
Special Exemptions
The Arkansas Food Freedom Act provides no general liability protection—producers remain legally liable for their products. Being exempt from state permits does not exempt them from local business permits; check with local city or county clerk for possible licensing requirements (uaex.uada.edu).
Getting Started
Practical steps:
- Review the Arkansas Homemade Food Production Guidelines to confirm your recipes/products qualify. If using sugar substitutes, note they’re disallowed. (healthy.arkansas.gov)
- Prepare your label with required elements and statement. Consider requesting an ID number if you prefer not to share your address/phone. (ij.org)
- Identify venues: your home, farmers markets, online, retail outlets, mail/shipping. Confirm compliance if selling across state lines. (uaex.uada.edu)
- Confirm whether your city or county requires a local business license. (uaex.uada.edu)
- Track your sales and production dates for labeling and business records.
- For guidance on whether your food qualifies or needs commercial production, contact your local county health unit – Environmental Services office (uaex.uada.edu).
Official Resources
- Arkansas Homemade Food Production Guidelines (PDF) – latest July 2025 version from Arkansas Department of Health (healthy.arkansas.gov)
- UAEX blog article: "What You Can Make and Sell Under the Arkansas Food Freedom Act" (uaex.uada.edu)
- Institute for Justice: Selling Homemade Food in Arkansas – overview of law and requirements (ij.org)
- Arkansas Department of Health local health units directory for contact info (uaex.uada.edu)
Official Sources
This guide was compiled from the following official sources: