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Cottage Food Laws in Arkansas

Last verified against official sources on by Amrit. How we verify

Yes. Under Arkansas's Food Freedom Act you can make food at home and sell it without a state permit, license or inspection, as long as the food does not need to be kept hot or cold to stay safe. Meat, poultry, seafood and foods that need refrigeration are not allowed. Every sale must give the buyer certain information, including a required statement, usually on a label. You can sell in person, by phone or online, through a store, and you can ship.[1][2]

At a glance

Permit neededNo. Qualifying homemade foods are exempt from state licensing, permits and inspection.[1][2]
Sales capNone set in the Food Freedom Act[1]
Foods allowedFoods that do not need to be kept hot or cold to stay safe. No meat, poultry, seafood or dairy foods.[2][1]
Label statement"This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens."[1][2]
Where you can sellDirectly to the final customer: from your home or farm, at farmers markets, or through a store that resells your food. Restaurants cannot buy it to use in the food they serve.[1][2]
Online and shippingAllowed. Online and phone orders are fine, and you can ship by mail or parcel carrier, including to other states if you follow federal law.[1][2]
FeeNo state permit fee, because no permit is required[2]
AgencyArkansas Department of Health (ADH). Optional ID numbers come from the Arkansas Department of Agriculture.[2][1]

Step by step

Do these in order. Each step links to the official form or page.

  1. Check that your food is allowed

    Your food must be safe without refrigeration or hot holding (ADH calls these "non-TCS" foods, short for "time/temperature control for safety"). Baked goods that don't need refrigeration, candy, jams, jellies, dried foods and many acidified foods qualify. Meat, poultry, seafood, dairy foods, cut melons or tomatoes, cut leafy greens, raw sprouts, garlic-in-oil, and foods like cheesecake or cream pies do not. Breads, cakes and pies made with fresh fruit, vegetables or cheese (banana bread or carrot cake, for example) may need refrigeration, and ADH asks you to contact it about these. If you are not sure, ADH's Homemade Food Production Guide lists foods by type, or you can ask an Environmental Health Specialist at your local health unit.[2][1]

  2. For pickles and other acidified foods, use a safe recipe and keep records

    Pickled cucumbers and other acidified vegetables qualify only if the finished product has a pH of 4.6 or less. Use a recipe from a source ADH approves or one a certified lab has tested; otherwise test every batch with a calibrated pH meter. ADH's guide also lists these products as heat treated, and refrigerator pickles are on its not-allowed list. Give each batch its own number on the label, and keep a record of the batch number, the recipe, where the recipe came from (or the pH test result), and the date you made it.[1][2]

  3. Get a Department of Agriculture ID number if you want to keep your address private

    This step is optional. The label normally shows your name, address and phone number. If you don't want to share them for safety reasons, you can apply to the Arkansas Department of Agriculture for an ID number and print that instead.[2][3]

    Application for Food Freedom Act Business ID Number

  4. Label every item

    Give the buyer this information: the date you made the food; your name, address and phone number (or your Department of Agriculture ID number); the name of the food; the ingredients from most to least by weight; and the required statement. Put it on a label on the package. For food sold from a bulk container, label the container and hand the buyer a written copy. For unpackaged food, show it on a sign at the point of sale. If you sell online, also post it on your website.[1][2]

  5. Sell to the final customer

    Sell only to the person who will eat or use the food, not to someone who resells it (stores that act as your third-party vendor are the exception). You can sell in person, by phone or online, from your home or farm, at farmers markets and roadside stands, or through a shop or grocery store. A store that also sells inspected food must keep yours separate. Restaurants cannot buy your food to use in their kitchens.[2][1]

What you can and can't sell[2][1]

Allowed

  • Breads, cookies, cakes, cupcakes, doughnuts, pastries and fruit pies that don't need refrigeration
  • Candy, fudge, brittle, caramels and chocolate-covered nuts, dried fruit or pretzels
  • Jams, jellies, preserves, marmalades and fruit butters made with full sugar
  • Pickles, salsa and other acidified foods made with an approved recipe or pH-tested, and heat treated
  • Dried foods: granola, trail mix, baking and soup mixes, dried fruit, popcorn, nuts, seasonings and dry tea
  • Honey, sorghum, maple syrup, and whole uncut fruits and vegetables

Not allowed

  • Meat, poultry, seafood, and products made from them (including jerky)
  • Dairy foods such as milk, cheese and butter
  • Cheesecake, cream, custard, pumpkin and meringue pies, and other foods that need refrigeration
  • Low-acid home-canned foods such as green beans, corn or carrots
  • Reduced-sugar or sugar-free jams, refrigerator jams, and pumpkin, squash or sweet potato butters
  • Raw sprouts, cut leafy greens, cut tomatoes or melons, and garlic-in-oil
  • Foods containing CBD, THC or other hemp extracts

Local rules

These places add their own requirements on top of the state rules.

Recent changes

Frequently asked questions

Can I ship my baked goods, including to other states?

Yes. The Act allows delivery by mail or a parcel carrier, and sales in another state if you follow federal law. Other states have their own rules, so ADH advises checking with the FDA and the other state's health officials before you sell there.[1][2]

Can I sell my food in a coffee shop or grocery store?

A retail shop or grocery store can resell your food to its customers, but must keep it separate from inspected food it sells. A restaurant or coffee shop cannot buy your food to use in what it serves.[1][2]

Do I have to put my home address on the label?

Not if you get an ID number from the Arkansas Department of Agriculture. The law allows this to protect your safety. You can print that number instead of your name, address and phone number.[1][3]

Can I sell cheesecake, cream pies or tres leches cake?

Not from a home kitchen. These need refrigeration, so they must be made in a kitchen permitted and inspected by ADH.[2]

Can I sell salsa or home-canned vegetables?

Tomato salsa and pickles are allowed if they are acidified to a pH of 4.6 or less using an approved recipe or a pH meter, with batch numbers and records. ADH does not allow salsa canned in quart jars, corn and bean salsa, or fresh salsa that needs refrigeration. Low-acid canned vegetables such as green beans or corn are not allowed from a home kitchen.[1][2]

Do I still have to pay sales tax?

If sales tax applies to what you sell, yes. The Food Freedom Act does not exempt you from any tax law.[1]

Will the health department inspect my kitchen?

Not routinely. Food Freedom Act food is exempt from state inspection, but ADH can still investigate a foodborne illness, and you can ask an agency to inspect or advise you if you want.[1]

Sources

  1. Act 1040 of 2021 (SB 248): to create the Food Freedom Act, Arkansas General Assembly. Checked October 25, 2026.
  2. Arkansas Homemade Food Production Guidelines (May 21, 2026 update), Arkansas Department of Health. Checked October 25, 2026.
  3. Forms and Applications (Animals division), Arkansas Department of Agriculture. Checked October 25, 2026.

This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Arkansas Department of Health (ADH) or your local health department. Spotted something wrong or out of date?Report it and we will check it.