Arkansas Food Freedom Act (2026): Homemade Foods, Labels and Where to Sell
At a glance
- License or permit
- None from ADH for homemade non-TCS foods
- Annual sales limit
- Not mentioned in the ADH guide
- Allowed foods
- Food or drink that does not need time or temperature control for safety (non-TCS): baked goods, candy, jams and jellies, dried foods, acid and acidified pickles and more
- Where you can sell
- In person, by phone or online, from your home, farm or office, at farmers markets, through third-party retail shops, delivered by you, an agent or a carrier, in Arkansas or other states if federal law is followed
- Not allowed
- Sales to restaurants for use in the restaurant; products with meat, poultry or seafood; dairy products
- Training required
- None mentioned in the ADH guide
Who the Arkansas Food Freedom Act covers
ADH says the Food Freedom Act (Act 1040 of 2021) removed and replaced the Cottage Food Act (Act 399 of 2017) and expanded the items allowed. Homemade non-TCS food is food or drink that does not require refrigeration to prevent the growth of disease-causing microorganisms and is processed at the producer’s private residence. These products are exempt from ADH permitting and inspection requirements. They must still comply with the Arkansas Food, Drug and Cosmetic Act and cannot be contaminated, adulterated or misbranded. An informed end consumer is the last person to buy the product, cannot resell it and has been told through labeling and signs that it has not been regulated or inspected.
What you can sell
| Food | Allowed? |
|---|---|
| Biscuits, breads, cakes, cookies, cupcakes, doughnuts, pastries, pretzels and quick breads | Yes baked foods that need no refrigeration |
| Fruit-filled pies | Yes |
| Buttercream, glaze, fondant and royal icing | Yes |
| Candy, brittle, caramels, chocolate, fudge, hard candy and popcorn balls | Yes |
| Chocolate-covered nuts, dried fruit, uncut fruit and pretzels | Yes |
| Jams, jellies, preserves, fruit butters and fruit syrups | Yes made with sugar, not sugar substitutes |
| Granola, dried herbs, dried fruit, baking mixes, seasonings and coffee beans | Yes |
| Pickled cucumbers and other acidified vegetables, canned acid fruits | Conditions final pH of 4.6 or below; approved recipe, process authority or a pH meter; batch number and records |
| Honey, maple syrup and sorghum from the producer | Yes honey flavored only with dry non-TCS ingredients |
| Whole, uncut fresh fruits and vegetables | Yes |
| Cheesecake, custard, cream and meringue pies, and tres leches cake | No TCS foods |
| Meat, poultry, seafood and products containing them | No |
| Dairy products such as milk, cheese, butter and sour cream | No see Act 698 of 2025 |
| Low-acid canned foods, such as green beans, corn and soups | No |
| Raw sprouts, cut melons, cut leafy greens and garlic-in-oil mixtures | No |
Arkansas label and disclosure requirements
The Act exempts you from ADH labeling rules but requires you to give the informed end consumer this information:
- the date the food was made;
- your name, address and telephone number (or an ID number from the Arkansas Department of Agriculture if you prefer not to share them);
- the common or usual name of the food;
- the ingredients in descending order of predominance;
- the statement “This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens.”
Put this on a label on the package, or on the container for bulk products with a separate written document at the time of sale. For online sales, the website must carry the same information and the package must also be labeled. You must also display a disclosure statement on a sign or placard at the point of sale.
123 Sample Street, Anytown, AR 00000
555-0100
Where you can sell
- Direct to the informed consumer, in person, by phone or online, by you, by an agent (an employee or friend) or by a third-party vendor such as a retail shop or grocery store.
- From a retail space at your ranch, farm, home or office, and at farmers markets.
- At a third-party shop: homemade foods must be kept separate from inspected products.
- Other states: ADH says you may sell in Arkansas or in another state if you comply with all federal laws, and suggests contacting the FDA and the other state before you do.
- Delivery: by you, an agent, the third-party vendor or a third-party carrier such as mail.
- Not allowed: sales to restaurants for use in the restaurant, because homemade foods are not from approved sources, and sales to anyone other than the end consumer.
Pickles and acidified foods
Pickled cucumbers and other acidified vegetables with a finished pH of 4.6 or below can be sold only if the recipe comes from a source ADH approves or has been tested by a certified food process authority, or you test each batch with a calibrated pH meter. You must label each batch with a unique batch number and keep records: batch number, recipe, the source of the recipe or the pH reading, and the date. Homemade vinegar cannot be used for pickles.
Training and insurance
The ADH guide does not mention a food safety course or insurance. A basic course and product liability coverage are still worth considering, and some markets ask for them. See our guide to liability, risk and insurance.
Local rules and HOAs
Your city or county may have zoning or business license rules, and private rules apply too, so check your HOA covenants and lease. For general background, see our planning and zoning guide.
Frequently asked questions
Can I sell food from home in Arkansas?
Yes, if it is a homemade non-TCS food made at your private residence and sold to an informed end consumer with the required disclosures.
Do I need a permit to sell baked goods from home in Arkansas?
No ADH permit or inspection is needed for homemade non-TCS foods.
Is there a sales limit in Arkansas?
The ADH guide does not mention one.
Can I sell cottage food online or by mail in Arkansas?
Yes. ADH allows sales online and delivery by a third-party carrier, and says you may sell in other states if you follow federal law.
Can I sell to restaurants or stores?
Not to restaurants. A third-party vendor such as a retail shop may sell your products to consumers if it keeps them separate from inspected products.
Can I sell cheesecake or milk-based products?
No. Cheesecake and cream or custard pies are TCS foods, and ADH says dairy products are not allowed under the Food Freedom Act.
Note on conflicting sources
Many guides online describe a $35,000 cap or a different label statement from the old Cottage Food Act. The Food Freedom Act replaced that law, and the ADH guide dated May 21, 2026 mentions no cap and gives the statement above. Guides also disagree on whether dairy is covered; ADH says dairy is not allowed and refers to Act 698 of 2025. We could not open the statute text. Confirm details, including the label statement and the status of out-of-state sales, with ADH or your local health unit.
Official sources
- Arkansas Department of Health: Homemade Food Production Guidelines (May 21, 2026)
- Arkansas Food Freedom Act, Act 1040 of 2021, and Act 698 of 2025
- Arkansas Department of Agriculture (ID number request form)
- U.S. Food and Drug Administration (FDA): Food Allergies (FASTER Act, sesame)