Credit: Keelworks Legal Research
https://keelworks.org
Arkansas Cottage Food Laws – Overview
Arkansas Cottage Food Laws allow individuals to prepare and sell non-potentially hazardous
foods made in a home kitchen without requiring a food permit, kitchen inspection, or health
department license, provided all conditions are met. This makes Arkansas one of the most
flexible states for cottage food entrepreneurs.

Licensing & Inspection Requirements
 No food permit required
 No kitchen inspection required
 Home kitchens are exempt from health department licensing
 Local business license may be required (check with city or county)

Foods That Are Allowed (No Permit Required)
Approved foods must be shelf-stable and sold directly to consumers.
Bakery & Confectionery Items
 Brownies
 Cookies
 Cakes (without cream icing)
 Candy
Preserved & Sweet Products
 Jams
 Jellies
 Fruit butters
 Honey
Other Approved Items
 Chocolate-covered fruit and berries (uncut)
 Maple syrup
 Sorghum
 Commercially pre-packaged non-TCS foods

 Whole, uncut fruits and vegetables
Note: Sugar-free jams, jellies, fruit butters, and products using sugar substitutes may be
considered potentially hazardous and are not allowed without a permit.

Updated Approved Foods List
The Arkansas Department of Health may expand or revise the approved food list. Legislative
updates have previously added items such as chocolate-covered uncut fruits.

Prohibited Foods (Permit Required)
Foods requiring time/temperature control or additional processing must be produced in
a licensed commercial kitchenand include:
 Refrigerated foods
 Canned foods
 Cheesecake and cream-based fillings or frostings
 Cream pies, custard pies, meringue pies
 Salsa and pickled vegetables
 Juices
 Dried fruits, vegetables, herbs, spices
 Dried, cured, smoked meats
 Sprouted beans or seeds
 Milled grains or flour
 Sliced fruits or vegetables
 Salads
 Shelled peas or nuts

Acidity Levels & Food Safety
 Arkansas does not require routine food testing
 Products may be sampled by the state if requested
 Food safety is determined by pH level
 Foods with pH ≤ 4.6 are considered non-potentially hazardous
 Low-acid, home-canned foods are not allowed unless prepared in a permitted facility

Testing

 Testing is not mandatory but may be required if pH is unknown
 Producers may use food-grade pH testers
 Laboratory testing may be requested by regulators

Where Cottage Foods Can Be Sold
 Direct-to-consumer sales only
 Allowed locations:
o Home-based sales
o Farmers markets (physical or online)
o County fairs and special events
o Pop-up shops within established businesses (with owner consent)
 Online sales are allowed (as of 2021)

What Is a Pop-Up Shop
A temporary sales setup inside an unaffiliated, established business where:
 Permission is granted by the business owner
 The cottage food producer is present at the point of sale

How to Start a Cottage Food Business in Arkansas
 No food license or testing required
 Obtain a business license if required locally
 Begin production and sales once labeling and sales rules are met

Labeling Requirements
All cottage food products must include:
 Name and address of the producer
 Product name
 Complete ingredient list
 Required statement in at least 10-point font:
“This Product is Home-Produced.”
 Nutritional claims are not permitted

Allergen Labeling (Best Practice)
Producers are encouraged to declare the 9 major FDA allergens:
Milk, Eggs, Fish, Shellfish, Tree Nuts, Peanuts, Wheat, Soy, Sesame
Cross-contact warnings are recommended for consumer safety.

Food Safety Best Practices
 Maintain clean and sanitized equipment and surfaces
 Prevent cross-contamination
 Exclude pets and sick individuals from the kitchen
 Practice frequent handwashing and glove use
 Maintain proper pest control and food storage

Record Keeping (Strongly Recommended)
Maintain records of:
 Recipes and ingredient lists
 Production methods
 Production and sale dates
 Sales locations and receipts
Records help demonstrate compliance and protect against consumer complaints.

Cottage Food Liability Insurance
 Not legally required but strongly recommended
 Protects against lawsuits and claims
 Options include liability insurance or bonding
 Provides legal and financial protection

Arkansas Cottage Food Resources

 Arkansas Food Freedom Act
 Arkansas Homemade Food Production Guidelines
 Arkansas County Health Units
Link: https://cottagefoodlaws.com/arkansas-cottage-food-laws/

Location