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Cottage Food Law
FreedomIJ Grade B+

Arkansas cottage food law

A.C.A. §20-57-201 (Act 1040 of 2021)

Last updated: · Research verified · Free PDF report

Tier: Freedom. Sell almost anything direct to consumer with no sales cap. Often called a 'food freedom' law — local zoning is the main remaining constraint.

Start here

How to start in Arkansas

A practical path from “am I allowed?” to first sale. Not legal advice — confirm every step with Arkansas agencies and your local offices.

  1. Confirm your products are allowed

    Arkansas allows 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.. High-risk or refrigerated foods usually need a commercial kitchen — not a cottage exemption.

  2. Choose sales channels you can actually use

    Sales cap: No cap. Indirect / wholesale-style sales: Yes. Farmers markets and direct-to-consumer pickup are the usual start. Check county and city rules before advertising porch pickup.

  3. Clear local zoning, licenses, and tax IDs

    State cottage food rules are the floor. Your city or county may still require a business license, home occupation approval, HOA permission, or sales tax registration. Do this before you print an address on Instagram.

  4. Registration, training, and kitchen rules

    State registration: No. Food handler / training: No. Kitchen inspection: No. Complete certificates the market or agency will ask for.

  5. Build compliant labels

    Use the Arkansas label requirements on this site (and the free template). Match disclaimer language to the statute or agency guide before you print a batch.

  6. Soft-launch, then first paid sales

    Keep a simple sales log from day one so you stay under any annual cap. Soft-launch with pre-orders before a full market day.

  7. Verify with official sources

    Re-check the state cottage food page and your local health / planning office before you invest in equipment or marketing. Rules change.

Label checklist

What usually goes on the package

  • Product name (common or usual name of the food)
  • Business or producer name
  • Producer address (or address alternative your state allows)
  • Ingredients in descending order by weight
  • Major allergen disclosures (e.g. wheat, milk, eggs, soy, tree nuts, peanuts, fish, shellfish, sesame)
  • Net weight or quantity
  • Home-kitchen disclaimer required by Arkansas (exact wording may be set by statute or agency)
  • 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.

This is a planning checklist compiled for home bakers. It is not legal, tax, or zoning advice.

Compare nearby states

Arkansas vs neighboring cottage food laws

Tier and sales-cap snapshot for Arkansas and nearby states. Click through for full rules, labeling, and county pages.

StateTierSales capGuide
ArkansasYou are hereFreedomNoneThis page
LouisianaOkay30000Louisiana law →
MissouriGreatNoneMissouri law →
MississippiGood35000Mississippi law →
OklahomaFreedom75000Oklahoma law →
TennesseeGoodNoneTennessee law →

Need a compliant product label for Arkansas? Open the Arkansas label mockup.

Sales cap

None

Allowed products

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.

Registration

Registration: No. Food handler cert: No.

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
Cover of Arkansas cottage food law PDF report
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Arkansas Cottage Food Law — Full PDF report

A comprehensive report covering the Arkansas statute, every county we've researched, and authoritative source URLs.

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Notes
Arkansas Food Freedom Act (2021) is one of the most permissive in the country.
Official state handout

Arkansas Homemade Food Production Guidelines

Arkansas Department of Health · May 21, 2026 · Arkansas Department of Health
Source — verify on the official site

Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.

The Homemade Food Production Guide was developed to provide standards, guidelines, and consistent information for food vendors and regulators to provide fresh, safe, and quality food to the consumer. This Guide offers advice on food items that may be sold and conditions that must be met at the point of sale. All food manufactured, produced, processed, sold, or dispensed in the State of Arkansas must comply with the Arkansas Food Drug and Cosmetic Act and cannot be contaminated, adulterated, misbranded, or dishonestly presented. During the 93rd Session of the Arkansas General Assembly the Cottage Food Act (Act 399 of 2017) was removed and replaced by the Food Freedom Act (Act 1040 of 2021).

NO PERMIT REQUIRED — Homemade Non-TCS Foods

Act 1040 of 2021 (Food Freedom Act)
What is Homemade Non-TCS Food?
  • Homemade Non-TCS Food is food or drink products that do not require refrigeration to prevent the growth of disease-causing microorganisms and are processed at the private residence of the producer. These products are exempt from ADH permitting and inspection requirements.
What is an "informed end consumer"?
  • An "informed end consumer" is the last person to purchase a Homemade Non-TCS Food that cannot resell the product. An informed end consumer has been informed through appropriate labeling and signage that the Homemade Non-TCS Food product has not been regulated or inspected.
Where and how can Homemade Non-TCS Foods be sold?
  • Homemade Non-TCS Foods can be sold direct to the informed consumer either in-person, by telephone, or online by the producer of the Homemade Non-TCS Food, by an agent of the producer (i.e. employee, friend, etc.), or by a third-party vendor (i.e. a retail shop or a grocery store).
  • From a retail space located at the ranch, farm, home, or office where the Homemade Non-TCS Food is produced.
  • At a retail location of a third-party vendor of the Homemade Non-TCS Food. Third-party vendors of Homemade Non-TCS Food who also sell food produced under state or federal inspection must keep the Homemade Non-TCS Foods separate from inspected products.
  • Within the State of Arkansas or in another state if the seller complies with all federal laws. Homemade Non-TCS Food producers should contact the United States Food and Drug Administration as well as the state and local public health authorities prior to any sale out of state to ensure compliance with any applicable laws or regulations.
  • Delivery of the product can be by the producer, agent of the producer, third-party vendor, or third-party carrier (mail, parcel post, etc.).
  • NOTE: Homemade Non-TCS Foods cannot be sold to restaurants for use within the restaurant because Homemade Non-TCS Foods are not from approved sources.
Are Homemade Non-TCS Foods required to be labeled?
  • While foods produced under the Food Freedom Act are exempted from ADH labeling requirements, the Act does require certain information to be provided to the informed end consumer by disclosing:
  • 1. The date that the Homemade Non-TCS Food was manufactured, produced, or processed.
  • 2. The name, address, and telephone number of the producer. Producers who do not wish to disclose this information for safety reasons may request an identification number provided by the Arkansas Department of Agriculture to be used instead of this information.
  • 3. The common or usual name of the food.
  • 4. The ingredients of the food in descending order of predominance.
  • 5. The statement: "This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens."
  • This information must be disclosed on a label affixed to the package or container if the product is offered for sale from a bulk container (with a separate written document containing all required disclosures provided to the consumer at the time of sale), or for products offered for sale online, the website must include the above labeling information and the package itself must be labeled.
What foods cannot be sold as Homemade Non-TCS Food?
  • Any food that requires time and/or temperature control to prevent the growth of microorganisms that cause food borne illness. The following foods are considered Time/Temperature Control for Safety Foods (TCS Foods) and CANNOT be sold without a permit from ADH:
  • 1. A food of animal origin (meat, poultry, seafood, wild game, dairy) that is raw, or heat treated (cooked).
  • 2. A food of plant origin that is heat treated (except for foods specifically listed in Appendix A of this document).
  • 3. Raw seed sprouts.
  • 4. Cut leafy greens — Defined as: Fresh leafy greens whose leaves have been cut, shredded, sliced, chopped or torn. Leafy greens that have only been cut from their root in the field (often called a "harvest cut") with no further processing are not "Cut leafy greens". The term "leafy greens" does not include herbs such as cilantro or parsley.
  • 5. Cut or sliced fresh tomatoes.
  • 6. Cut or sliced melons.
  • 7. Garlic-in-oil mixtures.
  • 8. Or any food that because of the interaction of its water activity (aw) and pH values is designated as Product Assessment Required in Table A or B of the official guide.

Pickled Cucumbers and Other Acidified Vegetables

When are pickled cucumbers and acidified vegetables considered Homemade Non-TCS Food?
  • Pickled cucumbers and other acidified vegetables that have an equilibrium pH of 4.6 or less are considered Homemade Non-TCS Food under Act 1040 of 2021 provided:
  • 1. The recipe is from a source approved by ADH (See Links in Appendix A); has been tested by an appropriately certified Food Process Authority who has confirmed the process will result in a product with a final equilibrium pH of 4.6 or less; or the producer tests each batch with a calibrated pH meter to confirm the finished product has an equilibrium pH value of 4.6 or less. Only pH meters with a resolution of 0.1 pH units and an accuracy of +/- 0.1 pH units should be used.
  • 2. The product is labeled with a unique number for each batch (batch number).
  • 3. The producer maintains records that include: the batch number; the recipe used; the source of the recipe used or the pH of the batch as measured using a calibrated pH meter by the producer; and the date the batch was prepared.

Other Foods — No Permit Required

Raw Fresh Fruits and Vegetables
  • Whole, uncut fresh fruits and vegetables may be offered for sale without a permit or inspection from ADH.
Maple Syrup, Sorghum, or Honey
  • Maple syrup, sorghum, or honey that is produced by a maple syrup, sorghum producer, or beekeeper may be sold.
  • Creamed honey (whipped) and honey flavored with dry non-TCS ingredients (ground cinnamon, nutmeg, etc.) may be sold.
  • Honey with TCS ingredients as additives or flavorings is not allowed.

PERMIT REQUIRED — ADH Permitted and Inspected Facilities

Canned Low-Acid Foods
  • Canning is the process of preserving food by packing the food into glass jars and heating the jars to kill organisms that would create spoilage or cause illness.
  • Growth of the bacterium Clostridium Botulinum in canned food may cause botulism, a deadly form of food poisoning. Botulinum spores are very hard to destroy at boiling water temperatures; the higher the canner temperature, the more easily they are destroyed.
  • Low-acid foods (canned foods with a finished equilibrium pH greater than 4.6 and an aw greater than 0.85) require much stricter controls to protect public safety and can only be produced under a permit from the Arkansas Department of Health.
  • Low-Acid Canned foods include, without limitation, canned: beans, broccoli, carrots, cabbage, cauliflower, celery, corn, artichoke, asparagus, okra, olives, spinach, onions, squash, peas, green beans, fish, meat, poultry, broth, and eggs.
Smoked, Cured, or Dried Meats
  • Smoking, curing, and drying meat is a preservation process that removes the available moisture in the meat. By removing moisture, enzymes cannot contact or react with the food.
  • The Food Freedom Act does not allow for the sale of any products that contain meat, poultry or seafood and a permit is required to produce these products.
  • Permitted facilities who produce these products must have a variance approved by ADH for the specific food process that addresses all the critical food safety factors for the product, including monitoring of the processing temperatures and the aw of the finished product.
Sprouted Seeds or Beans
  • Sprouts may include alfalfa, clover, sunflower, broccoli, mustard, radish, garlic, dill and pumpkin as well as mung, kidney, pinto, navy, soybeans, and wheat berries (wheat grass).
  • Raw and lightly cooked sprouts, especially alfalfa, clover, and mung bean sprouts have been associated with foodborne illness in a number of outbreaks.
  • Production of sprouted seeds or beans requires a permit and a variance from ADH for this specific food process that addresses all critical food safety factors for the product, including the disinfection of the seeds used to grow the sprouts and testing of the irrigation water from each batch of sprouts for the presence of pathogenic microorganisms.
  • NOTE: Microgreens — sprouted seeds that are harvested after the emergence of "true leaves" are allowed to be sold under the Food Freedom Act. However, microgreens may only be cut once, during harvest. Sprouted seeds that still have roots, or the cotyledons are still un- or under-developed are considered sprouts and must be produced under a permit.
Time/Temperature Control for Safety Food (TCS Food)
  • Any TCS food, even if the food is commercially pre-packaged, can only be sold or served from an ADH permitted and inspected facility. This is to ensure that the proper refrigeration and monitoring is present to maintain food safety.
  • These food items must be kept in refrigeration equipment that can always maintain the food at below 41°F or above 135°F.
  • Common examples of TCS Food include, without limitation, dairy products, cheeses, meat and poultry products, deli salads, casseroles, cream or custard pies, and cheesecakes.
Ready-to-eat food prepared on site or commercially prepared food that is not prepackaged
  • Any ready-to-eat food that is prepared on-site or any commercially prepared food that is provided to the consumer in a non-prepackaged form can only be sold or served from an ADH permitted and inspected facility.
  • Any establishment preparing, selling, or serving any of these food items must fully comply with the ADH Rules Pertaining to Retail Food Establishments.

Reproduced from the official Arkansas Department of Health Homemade Food Production Guidelines (May 21, 2026). Contact your ADH Local Health Unit Environmental Health Specialist for products not covered here.

By Locality

Arkansas Counties

75 counties tracked. Pick yours for the local zoning + health department links.

View all 75 counties →
Little Rock
398K
Bentonville
287K
Fayetteville
247K
128K
125K
124K
111K
Hot Springs
100K
77K
74K
67K
Russellville
63K
61K
Paragould
46K
Texarkana
43K
Mountain Home
42K
40K
El Dorado
39K
38K
Harrison
38K
Berryville / Eureka Springs
28K
Clarksville
26K
Heber Springs
25K
Forrest City
23K
Harrisburg
23K
23K
Arkadelphia
21K
21K
Morrilton
21K
Danville
20K
19K
Pocahontas
19K
Sheridan
18K
Ash Flat
17K
Monticello
17K
Ozark / Charleston
17K
DeWitt / Stuttgart
17K
Yellville
17K
17K
17K
Huntsville
17K
Walnut Ridge
16K
16K
Corning / Piggott
15K
Melbourne
14K
13K
Nashville
13K
Mountain View
12K
Arkansas City
11K
Lake Village
10K
Murfreesboro
10K
Perryville
10K
10K
Marianna
9K
8K
8K
Clarendon
7K
6K
6K
Major cities

City zoning rules in Arkansas

City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.

Little Rock
American Legal Publishing
Cover of The Cottage Baker's Field Guide PDF
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The Cottage Baker's Field Guide (PDF)

A 6-page reference covering all 51 jurisdictions with methodology and tier explainers — same data as this directory, ready to print and tape to your wall.

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Common questions

Arkansas cottage food law — FAQ

Do I need a license or permit to sell homemade food in Arkansas?

Yes — No. Food handler certification: No.

What foods can I sell under the Arkansas cottage food law?

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.

Is there a sales cap for cottage food in Arkansas?

None

How good is Arkansas's cottage food law?

Arkansas is a Freedom-tier cottage food state by Crosodo's rating criteria. Sell almost anything direct to consumer with no sales cap. Often called a 'food freedom' law — local zoning is the main remaining constraint.

Classifieds

Resources for cottage food and home bakers

Supplies, courses, insurance, farmers markets, kitchen rentals, and local services. To advertise here, visit crosodo.com/advertise. Browse all classifieds.

National
Supplies

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Courses

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Baking classes, cottage food business training, workshops, and food safety education. Reach home bakers across the country.

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Insurance

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Local

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Reach home bakers in Arkansas. Supply stores, farmers markets, kitchen rentals, co-packer referrals, and bakery services are welcome.

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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 Health and your local health department before relying on this data.