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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.

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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.