Cottage food rules
Does Arkansas Have Cottage Food Laws? What to Know
What Arkansas allows now, in plain words, and where to check before you bake.
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What to remember
- The Cottage Food Act (Act 399 of 2017) was removed and replaced by the Food Freedom Act (Act 1040 of 2021).
- Foods that are not potentially hazardous can be sold directly to the consumer without a permit when the conditions are met.
- Arkansas sets no dollar limit on these sales, so your own kitchen and your time are the real ceiling.
- The Arkansas Department of Health publishes Homemade Food Production Guidelines you can read for free.
If you have been baking for neighbors and wondering whether you are allowed to keep going, the short answer is that Arkansas has a path for you. It just does not live under the cottage food label anymore. If you are new to how these laws work in general, start with cottage food laws: what they are and how they work and then come back here for the Arkansas version.
What changed in 2021
During the 93rd Session of the Arkansas General Assembly, the Cottage Food Act was removed and replaced by the Food Freedom Act. That is the single most important thing to know, because a lot of older blog posts and printed guides still describe the cottage food law as if it were current. The Food Freedom Act replaced a law that had allowed only a few specific homemade food products to be sold directly to consumers without being made in a kitchen that the state had certified and inspected.
In practice, that means you should read anything you find online with the date in mind. If a page talks about the Cottage Food Act as the law today, it is describing something that has been replaced. The safer habit is to go straight to the state guidance rather than to a summary someone wrote years ago.
What the Food Freedom Act allows
The rules allow non-potentially hazardous foods to be sold directly to the consumer without a permit, provided certain conditions are met. Those conditions matter, so read them properly rather than skimming. And because Arkansas sets no dollar limit on these sales, the thing that limits your growth is your own kitchen and the hours you can put in, not a statutory cap.
Direct to the consumer is the part to hold onto. It describes a relationship, not a marketplace listing, and it is worth knowing exactly who you are selling to before you take a large order.
Where to read the Arkansas rules yourself
The Arkansas Department of Health publishes Homemade Food Production Guidelines that cover producing homemade food products under the law. The University of Arkansas Division of Agriculture also keeps a Food Freedom Act page with resources. Read both before you set prices, since what you are allowed to make shapes what you can sell. If you are weighing a licensed kitchen instead, our guide to a Department of Agriculture home bakery license walks through how that route differs.
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Common questions
Is there still a cottage food law in Arkansas?
Not under that name. The Cottage Food Act was removed and replaced by the Food Freedom Act during the 93rd Session of the Arkansas General Assembly.
Do I need a permit to sell homemade food in Arkansas?
Non-potentially hazardous foods can be sold directly to the consumer without a permit as long as certain conditions are met. Read the state guidelines so you know what those conditions are for what you bake.
Is there a dollar limit on sales?
No. Arkansas sets no dollar limit on these sales, so your kitchen capacity and your available hours are the practical ceiling.
Where can I find the rules in writing?
The Arkansas Department of Health publishes Homemade Food Production Guidelines, and the University of Arkansas Division of Agriculture keeps a Food Freedom Act page with resources.
Can I still sell at a market?
The rules describe sales made directly to the consumer. Read the current guidelines and confirm your specific plan before you commit to a market date.
Sources
This is general information about Arkansas rules, not legal or tax advice. Rules change, so confirm the current requirements with the Arkansas Department of Health before you sell.