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FreedomIJ Grade B+

Arkansas Cottage Food Law Report

Complete reference for Arkansas's cottage food law — statute citation, sales cap, allowed products, registration requirements, and a county-by-county directory with health department, planning department, and zoning code links.

Statute

Arkansas Food Freedom Act (SB 248 / Act 1040)

Citation: A.C.A. §20-57-201 (Act 1040 of 2021) · Last amended 2021
Verbatim Excerpt

SB248 - TO CREATE THE FOOD FREEDOM ACT; AND TO EXEMPT CERTAIN PRODUCERS OF HOMEMADE FOOD OR DRINK PRODUCTS FROM LICENSURE, CERTIFICATION, AND INSPECTION. 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. 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. 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.

Source: arkleg.state.ar.us/Bills/Detail?ddBienniumSession=2021%2F2021R&measureno=SB248
Allowed Foods (Summary)

Producers may sell almost any nonperishable, non-potentially hazardous food directly to consumers, including baked goods, candies, condiments, dry goods, preserves, fermented foods, carbonated drinks, and snacks. Interstate sales are permitted and retail/wholesale channels are allowed as long as an informed end consumer is the final buyer.

Prohibited Foods (Summary)

Prohibited foods include perishable baked goods, low-acid canned goods, nut butters, oils, and meat jerkies. Acidified foods such as pickles require pH testing (final pH at or below 4.6) and batch-number labeling with production records.

Labeling Requirements (Summary)

Labels must include the producer's name, address, and phone number (or a state ag department ID number as an alternative), and all required product information. Online listings must display the same labeling information. Acidified foods require a unique batch number on labels.

Sales Cap

None

Tier

Freedom (IJ Grade B+)

Counties Tracked

75

County Directory

Arkansas Counties (75)

Cottage food registration usually happens at the county level. Click any county for local zoning, health department, and planning department links.

Pulaski County
Pop. 398,322
Benton County
Pop. 286,528
Washington County
Pop. 247,331
Sebastian County
Pop. 128,184
Faulkner County
Pop. 124,611
Saline County
Pop. 123,988
Craighead County
Pop. 111,038
Garland County
Pop. 100,021
White County
Pop. 77,118
Lonoke County
Pop. 74,292
Jefferson County
Pop. 66,934
Pope County
Pop. 63,475
Crawford County
Pop. 60,593
Crittenden County
Pop. 47,945
Greene County
Pop. 45,954
Miller County
Pop. 42,682
Baxter County
Pop. 41,801
Mississippi County
Pop. 40,361
Union County
Pop. 38,815
Independence County
Pop. 37,910
Boone County
Pop. 37,662
Hot Spring County
Pop. 33,129
Carroll County
Pop. 28,362
Johnson County
Pop. 25,925
Cleburne County
Pop. 24,948
St. Francis County
Pop. 23,138
Poinsett County
Pop. 22,997
Columbia County
Pop. 22,707
Ouachita County
Pop. 22,606
Clark County
Pop. 21,469
Logan County
Pop. 21,247
Conway County
Pop. 20,782
Yell County
Pop. 20,342
Hempstead County
Pop. 20,037
Polk County
Pop. 19,384
Ashley County
Pop. 19,018
Randolph County
Pop. 18,619
Grant County
Pop. 18,022
Sharp County
Pop. 17,422
Drew County
Pop. 17,309
Franklin County
Pop. 17,160
Arkansas County
Pop. 17,024
Marion County
Pop. 16,905
Cross County
Pop. 16,827
Jackson County
Pop. 16,784
Madison County
Pop. 16,737
Phillips County
Pop. 16,373
Lawrence County
Pop. 16,258
Sevier County
Pop. 15,913
Van Buren County
Pop. 15,900
Clay County
Pop. 14,537
Izard County
Pop. 13,748
Lincoln County
Pop. 13,016
Howard County
Pop. 12,779
Stone County
Pop. 12,393
Fulton County
Pop. 12,183
Little River County
Pop. 12,024
Desha County
Pop. 11,285
Bradley County
Pop. 10,461
Chicot County
Pop. 10,234
Pike County
Pop. 10,205
Perry County
Pop. 10,055
Scott County
Pop. 9,871
Lee County
Pop. 8,666
Montgomery County
Pop. 8,555
Nevada County
Pop. 8,292
Prairie County
Pop. 8,217
Searcy County
Pop. 7,880
Cleveland County
Pop. 7,548
Newton County
Pop. 7,243
Monroe County
Pop. 6,787
Dallas County
Pop. 6,472
Lafayette County
Pop. 6,277
Woodruff County
Pop. 6,259
Calhoun County
Pop. 4,773
Important

Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Arkansas Department of Healthand your local health department before relying on this data.