Arkansas cottage food law

The rules at a glance

Food Freedom Act

• Unattended honesty stand?

  Not addressed

  The law doesn't mention self-serve, honor-system or unattended stands.

• Sign up with the state?

  No

  No permit or license. State law preempts county and city rules.

  Source

  • homemade food or drink products produced and sold in compliance with this subchapter are exempt from state licensure, certification, inspection, and packaging and labeling requirementsArkansas Act 1040 of 2021: Food Freedom Act (PDF)
  • These products are exempt from ADH permitting and inspection requirementsArkansas Department of Health: Arkansas Homemade Food Production Guidelines (PDF)
  • This subchapter preempts county, municipal, and other political subdivision jurisdictions from prohibiting and regulating the production and sale of homemade food or drink productsArkansas Act 1040 of 2021: Food Freedom Act (PDF)

• Food safety class?

  Not addressed

  The Food Freedom Act doesn't mention a food safety class.

• Kitchen inspection?

  Sometimes

  Food is exempt from inspection, but ADH can investigate a foodborne illness.

  Source

  • These products are exempt from ADH permitting and inspection requirementsArkansas Department of Health: Arkansas Homemade Food Production Guidelines (PDF)
  • Impede the Department of Health in any investigation of food-borne illnessArkansas Act 1040 of 2021: Food Freedom Act (PDF)

• Yearly sales limit

  No limit

  The act sets no yearly sales cap.

  Source

  • homemade food or drink products produced and sold in compliance with this subchapter are exempt from state licensure, certification, inspection, and packaging and labeling requirementsArkansas Act 1040 of 2021: Food Freedom Act (PDF)

• Foods that need a fridge?

  No

  Only non-TCS foods. Meat, poultry, seafood and TCS foods are not allowed.

  Source

  • Not involve the sale of meat, poultry, seafood, or time/temperature control for safety food productsArkansas Act 1040 of 2021: Food Freedom Act (PDF)
  • Any TCS food, even if the food is commercially pre-packaged, can only be sold or served from an ADH permitted and inspected facilityArkansas Department of Health: Arkansas Homemade Food Production Guidelines (PDF)

• Take orders online?

  Yes

  Orders can be taken in person, by phone or online.

  Source

  • Direct to the informed consumer either in-person, by telephone, or online by the producer of the Homemade Non-TCS FoodArkansas Department of Health: Arkansas Homemade Food Production Guidelines (PDF)
  • buying and selling in person, by telephone or onlineArkansas Act 1040 of 2021: Food Freedom Act (PDF)

• Ship or mail orders?

  Yes

  Delivery can be by mail, parcel post or another commercial carrier.

  Source

  • Delivery of the product can be by the producer, agent of the producer, third-party vendor, or third-party carrier (mail, parcel post, etc.)Arkansas Department of Health: Arkansas Homemade Food Production Guidelines (PDF)
  • third-party carrier to the informed end consumerArkansas Act 1040 of 2021: Food Freedom Act (PDF)

• Sell through shops?

  Sometimes

  Sold to grocery stores and other retail stores. Restaurants cannot use it.

  Source

  • The seller of a homemade food or drink product may be the producer of the homemade food or drink product, an agent of the producer, or a third-party vendor, including a retail shop or grocery storeArkansas Act 1040 of 2021: Food Freedom Act (PDF)
  • Sold to grocery stores or other retail storesArkansas Department of Health: Arkansas Homemade Food Production Guidelines (PDF)
  • cannot be sold to restaurants for use within the restaurantArkansas Department of Health: Arkansas Homemade Food Production Guidelines (PDF)

What goes on the label