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Food Freedom (no cap) Last reviewed 2026-09-15

2026 reference

Arkansas Cottage Food Law

Arkansas's cottage food law sets no statewide revenue cap and no state permit or registration is required. Sales may be made in person, by telephone, or online, directly to the informed end consumer, by the producer, the producer's agent, or a third-party vendor such as a retail shop or grocery store (Ark. Code §§ 20-57-503(9), 20-57-504(b)(1)). Products may be sold from a retail space at the home, farm, ranch, or office where they are made, or at a third-party vendor's retail location, which must keep them separate from food made in a licensed establishment (§ 20-57-506). Delivery may be made by the producer, an agent, a third-party vendor, or a third-party carrier (§ 20-57-504(b)(4)). A sale may occur in Arkansas or in another state if the seller complies with all applicable federal laws (§ 20-57-504(b)(2)); the Act does not exempt sellers from another state's laws (§ 20-57-507(a)(6)(D)), and the Arkansas Department of Health advises contacting FDA and the destination state's health authorities before any out-of-state sale. Homemade food may not be sold to restaurants for use in the restaurant (§ 20-57-506(a); ADH guidance), and the buyer must be the final consumer, who does not resell it.

Watch for: Only non-time/temperature control for safety (non-TCS) foods qualify: no meat, poultry, seafood, or TCS foods (Ark. Code § 20-57-504(b)(3)), and the Arkansas Department of Health also treats dairy products as not allowed. Pickles and other acidified vegetables must reach an equilibrium pH of 4.6 or less using a department-approved or lab-tested recipe, or per-batch testing with a calibrated pH meter, and each batch needs a unique batch number and records (§ 20-57-503(5)(B)).

Key facts

Annual revenue cap
No cap
Permit / registration
Not required
Kitchen inspection
Not required
Food handler training
Not required
Acidified foods
Permitted (pH test)
Interstate shipping
Permitted

Federal food law and the destination state's rules still apply to packages that leave Arkansas.

Where you can sell

Sales may be made in person, by telephone, or online, directly to the informed end consumer, by the producer, the producer's agent, or a third-party vendor such as a retail shop or grocery store (Ark. Code §§ 20-57-503(9), 20-57-504(b)(1)). Products may be sold from a retail space at the home, farm, ranch, or office where they are made, or at a third-party vendor's retail location, which must keep them separate from food made in a licensed establishment (§ 20-57-506). Delivery may be made by the producer, an agent, a third-party vendor, or a third-party carrier (§ 20-57-504(b)(4)). A sale may occur in Arkansas or in another state if the seller complies with all applicable federal laws (§ 20-57-504(b)(2)); the Act does not exempt sellers from another state's laws (§ 20-57-507(a)(6)(D)), and the Arkansas Department of Health advises contacting FDA and the destination state's health authorities before any out-of-state sale. Homemade food may not be sold to restaurants for use in the restaurant (§ 20-57-506(a); ADH guidance), and the buyer must be the final consumer, who does not resell it.

  • Direct (in-person)
  • Farmers markets
  • Online (in-state)
  • Online order, in-person pickup
  • In-state mail
  • Interstate shipping
  • Retail / grocery

What's required before your first sale

No state license, permit, registration, inspection, or food safety training. Homemade food or drink products produced and sold in compliance with the Food Freedom Act are exempt from state licensure, certification, inspection, and packaging and labeling requirements (Ark. Code § 20-57-504(a)), but every sale must carry the five disclosures in § 20-57-505. The Act does not limit Department of Health investigations of foodborne illness or its authority over adulterated or misbranded food (§ 20-57-507(a)), and it preempts counties and cities from prohibiting or regulating homemade food sales (§ 20-57-507(b)). A producer who does not want to disclose a name, address, and phone number for safety reasons may request an identification number from the Arkansas Department of Agriculture instead.

Allowed and excluded foods

Permitted under cottage food

  • Baked goods that do not need refrigeration, such as breads, cookies, cakes, cupcakes, and fruit pies
  • Candy and confections, such as fudge, brittle, caramels, hard candy, and chocolate-covered non-TCS foods
  • Jams, jellies, preserves, marmalades, fruit butters, and fruit syrups
  • Pickled cucumbers and other acidified vegetables with an equilibrium pH of 4.6 or less (approved recipe or batch pH testing, batch numbers, and records required)
  • Dried, dehydrated, and roasted products, such as granola, trail mixes, dried fruit, seasonings, dry baking mixes, and coffee beans
  • Packaged non-TCS beverages, such as teas, soft drinks, and heat-treated high-acid fruit juices

Excluded from cottage food

  • Meat, poultry, and seafood, including jerky (Ark. Code § 20-57-504(b)(3))
  • Time/temperature control for safety (TCS) foods, such as cheesecake, cream, custard, or meringue pies, and pumpkin pie (§ 20-57-504(b)(3); ADH guidance)
  • Dairy products such as milk, cheese, butter, and sour cream (ADH guidance)
  • Low-acid canned foods, such as canned green beans, corn, soups, and stews (ADH permit required)
  • Pumpkin, squash, and sweet potato butters; nut butters; infused oils; and garlic-in-oil (ADH guidance)
  • Alcoholic beverages

Label requirements

  • Arkansas exempts homemade food from state packaging and labeling rules but requires five disclosures (Ark. Code § 20-57-505(a)). Give them on a label on the package; for bulk items, on the container plus a separate written document at sale; for unpackaged items, on a placard at the point of sale; and for online sales, on the website (§ 20-57-505(b)). The Arkansas Department of Health says online products must also have the package itself labeled
  • Date the product was manufactured, produced, or processed
  • Producer name, address, and telephone number — OR an identification number from the Arkansas Department of Agriculture, if the producer requests one to protect the producer's safety
  • Common or usual name of the product
  • Ingredients in descending order of predominance
  • Verbatim disclosure required by Ark. Code § 20-57-505(a)(5): "This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens."
  • Pickled cucumbers and other acidified vegetables: label each batch with a unique batch number (Ark. Code § 20-57-503(5)(B)(ii))
  • The Food Freedom Act does not exempt sellers from applicable federal law (Ark. Code § 20-57-507(a)(6)(C)); check federal allergen labeling (FALCPA + FASTER Act) for the nine major allergens (milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, sesame)
How Ardent Seller helps

Generate your Arkansas disclosure label in one click

Ardent Seller assembles a print-ready cottage food label for Arkansas from data you already track — the state's required disclosure statement rendered verbatim (and sized to meet the state's minimum type size where one applies), your operator info, ingredients in descending order by weight, the federal "Contains:" allergen line, net weight, and lot code. A validation checklist flags anything Arkansas requires that's missing before you print. Included on every plan.

Sources

Reference content only — not legal advice. State laws change frequently. Verify against the official source before launching.

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