Arkansas Cottage Food Law 2026: Food Freedom Act Rules

Arkansas's Food Freedom Act lets people make shelf-stable food and drinks at their private residence and sell them to informed buyers without state licensing, inspection or certification. Sales may happen in person, by phone or online, through stores and by delivery or carrier. This guide covers what you can sell, where you can sell, labeling and when you need a permit instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local business, HOA and tax rules vary. Confirm current requirements with the Arkansas Department of Health or an attorney before you start selling.

Quick facts

Homemade food or drink products made and sold under the Food Freedom Act are exempt from state licensure, certification, inspection and packaging and labeling requirements. Ark. Code 20-57-504(a)
There is no sales cap in the law. Ark. Code 20-57-501 to -507
Sales may be made in person, by phone or online. The seller may be the producer, an 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)
Delivery may be made by the producer, an agent, a third-party vendor or a third-party carrier. Ark. Code 20-57-504(b)(4)
Sales may occur in Arkansas or in another state if the seller complies with all applicable federal laws. Ark. Code 20-57-504(b)(2)
Cities and counties may not prohibit or regulate the production and sale of homemade food or drink products. Ark. Code 20-57-507(b)

What the law calls it

Arkansas law uses the terms "homemade food or drink product," "producer" and "informed end consumer." ADH calls these "homemade non-TCS foods" and says the Food Freedom Act replaced Arkansas's earlier Cottage Food Act (Act 399 of 2017). People also search for "cottage food," "home bakery" and "homemade food." Ark. Code 20-57-503; ADH Homemade Food Production Guidelines (May 2026)
A homemade food or drink product is processed at the producer's private residence, including a farm or ranch where the producer lives, and does not need time or temperature control for safety. Ark. Code 20-57-503(3)
An informed end consumer is the last buyer, does not resell the product and has been told it is not state regulated or inspected. Ark. Code 20-57-503(4)

Foods you can sell

Non-time/temperature control for safety foods and drinks, such as baked goods, candy, jams and other shelf-stable items. Ark. Code 20-57-503(5)
Pickles and other acidified vegetables with an equilibrium pH of 4.6 or less are allowed if the recipe is from an ADH-approved source or lab-tested, or if each batch is tested with a calibrated pH meter. Each batch needs a unique number, and the producer must keep records. Ark. Code 20-57-503(5)(B)

Foods you cannot sell

Meat, poultry, seafood and time/temperature control for safety foods. Ark. Code 20-57-504(b)(3)
Time/temperature control for safety foods include raw or heat-treated animal foods, heat-treated plant foods, raw seed sprouts, cut leafy greens, cut tomatoes and garlic-in-oil mixtures. Ark. Code 20-57-503(8)
ADH lists dairy products, cheeses, deli salads, casseroles, cream or custard pies and cheesecakes as examples of foods that need time or temperature control and must come from a permitted facility. ADH Homemade Food Production Guidelines (May 2026)

Sales limit

The Food Freedom Act sets no limit on sales. Ark. Code 20-57-501 to -507

Where and how you can sell

In person, by phone or online, directly between the seller and the informed end consumer. Ark. Code 20-57-503(9), 20-57-504(b)(1)
Through an agent or a third-party vendor, including a retail shop or grocery store, or from a retail space at the home, farm, ranch or office where the product is made. Ark. Code 20-57-504(b)(1)(B), 20-57-506(b)
Shipping: delivery by a third-party carrier is allowed. Sales in another state are allowed if the seller complies with federal law, and the law does not exempt sellers from federal limits on interstate sales or from another state's laws. The receiving state's rules may also apply. Ark. Code 20-57-504(b)(2), (4); Ark. Code 20-57-507(a)(6)
Restaurants: homemade food may not be sold or used in a food service establishment, except as the act allows. A store that also sells food from a licensed kitchen must keep homemade products separate. Ark. Code 20-57-506(a), (c)
Farmers markets, roadside stands, farm markets and festivals: sellers of Food Freedom Act products there are exempt from the food service establishment definition. Ark. Code 20-57-201(2)

Labeling rules

Buyers must receive: the date the product was made; the producer's name, address and phone number, or an identification number from the Arkansas Department of Agriculture if requested for safety; the common name of the product; the ingredients in descending order of predominance; and this statement: "This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens." Ark. Code 20-57-505(a)
Where the information goes: on a label on the package; on a label on a bulk container plus a separate written document given at sale; on a placard at the point of sale for unpackaged items; or on the website if sold online. Ark. Code 20-57-505(b)

Zoning, HOAs and local rules

The law preempts county, city and other local governments from prohibiting and regulating the production and sale of homemade food or drink products. Ark. Code 20-57-507(b)
The law does not exempt producers from tax laws. Ark. Code 20-57-507(a)(6)(A)
Arkansas's law does not address HOA covenants or leases. Review yours before starting a home food business.

Inspections and complaints

Producers are exempt from state inspection, but the Arkansas Department of Health may still investigate foodborne illness and act against adulterated or misbranded food. An agency may also inspect or consult at the producer's request. Ark. Code 20-57-507(a)

When you need a permit instead

Foods with meat, poultry or seafood, foods that need refrigeration for safety and food made outside the producer's private residence fall outside the act and need an ADH food permit. Ark. Code 20-57-503, 20-57-504; ADH Homemade Food Production Guidelines (May 2026)

Recent changes and effective dates

April 29, 2021: Gov. Asa Hutchinson approves SB 248, which becomes Act 1040, the Food Freedom Act. Act 1040 of 2021; SB 248 bill page
2021: Act 1040 takes effect without an emergency clause, so it took effect on the general effective date for 2021 acts. It allows online and third-party sales, carrier delivery, pickles with pH controls and local preemption. Act 1040 of 2021
May 21, 2026: ADH updated its homemade food guidance. No amendment to the Food Freedom Act was found. ADH Homemade Food Production Guidelines (May 2026)

Frequently asked questions

Do I need a license to sell baked goods from home in Arkansas?

No. Homemade food or drink products made and sold under the Food Freedom Act are exempt from state licensing, certification and inspection. Source: Ark. Code 20-57-504(a).

Is there a sales limit for cottage food in Arkansas?

No. The Food Freedom Act does not set a sales limit. Source: Ark. Code 20-57-501 to -507.

Can I sell homemade food online in Arkansas?

Yes. A transaction may be made in person, by phone or online. Source: Ark. Code 20-57-503(9).

Can I ship homemade food from Arkansas to other states?

The law allows sales in another state if you comply with federal law, and a third-party carrier may deliver. You must also follow the receiving state's laws. Sources: Ark. Code 20-57-504(b); Ark. Code 20-57-507(a)(6).

Can I sell homemade food in stores in Arkansas?

Yes. A third-party vendor, including a retail shop or grocery store, may sell your products to informed end consumers. Source: Ark. Code 20-57-504(b)(1)(B).

Can I sell to restaurants?

No. Homemade food may not be sold or used in a food service establishment, except as the act allows. Source: Ark. Code 20-57-506(a).

Can I sell pickles in Arkansas?

Yes, if the recipe is approved or lab-tested or you test each batch's pH, number each batch and keep records. Source: Ark. Code 20-57-503(5)(B).

Can I sell cheesecake or meat products?

No. Meat, poultry, seafood and foods that need time or temperature control for safety are not allowed, and ADH lists cheesecakes and cream pies among those foods. Sources: Ark. Code 20-57-504(b)(3); ADH Homemade Food Production Guidelines (May 2026).

What must be on an Arkansas homemade food label?

The date made, your name, address and phone or an Arkansas Department of Agriculture ID number, the product name, ingredients and the required private residence and allergen statement. Source: Ark. Code 20-57-505.

Can my city or county ban my homemade food business?

No. The law preempts local governments from prohibiting and regulating homemade food or drink sales. Source: Ark. Code 20-57-507(b).

Official sources

This page is general information, not legal advice. Laws change, and local business, HOA and tax rules vary. Confirm current requirements with the Arkansas Department of Health or an attorney before you start selling.

Arkansas Cottage Food Laws