Current Law Details
Food Freedom Act (SB 248/Act 1040, effective July 28, 2021) replaced cottage food law. One of most permissive laws nationally. Interstate sales explicitly allowed WITH federal compliance. State preempts local health restrictions (local business permits may still apply). Only non-TCS foods allowed.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"This product was produced in a private residence that is exempt from state licensing and inspection"
Additional Label Elements
- ✓Business name
- ✓Business address
- ✓Phone number
- ✓Complete ingredients list (descending order)
- ✓Production date or batch number
- ✓Allergen information
Allowed Sales Venues
Direct-to-consumer sales. Informed consumer requirement may limit practical retail sales despite legal allowance. Third-party vendors allowed but must meet disclosure requirements.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Allowed
Arkansas uniquely allows interstate sales IF seller complies with federal laws and destination state regulations. In-state: mail order, third-party carriers, delivery by producer or designated agent all allowed.
Allowed Foods
Only non-TCS (non-time/temperature control for safety) foods. Acidified products with pH ≤4.6 allowed with testing and batch records. Sugar substitutes NOT allowed. NO dairy (milk, cheese, butter, yogurt), meat/poultry/seafood, fresh-cut produce, cream-filled baked goods, or low-acid canned foods.
Recent Legislative Updates
Act 1040 (SB 248) - Food Freedom Act
Effective: July 28, 2021
Replaced cottage food law with food freedom law. Removed all sales limits, eliminated permit requirements, allowed online sales and interstate commerce (with federal compliance)
Act 698
Effective: April 16, 2025
Expanded raw milk sales (separate from Food Freedom Act) - removed 500-gallon limit, allowed sales in natural food stores
Important Warnings & Notes
- ⚠️Interstate sales require federal compliance and destination state law compliance
- ⚠️Acidified foods (pH ≤4.6) require testing and batch record keeping
- ⚠️Informed consumer disclosure required (label, separate document, or placard)
- ⚠️No liability protection - consider food liability insurance
- ⚠️Dairy products excluded from Food Freedom Act (now covered by separate Act 698 for raw milk)
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •Arkansas Code Title 20, Chapter 57, Subchapter 5
- •University of Arkansas Extension
- •Arkansas Department of Health
- •Forrager.com - Arkansas
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
Ready to Start Your Cottage Food Business?
Now that you understand Arkansas's cottage food laws, let Cottage CMS help you build a compliant, professional website that grows your business.