Cottage food laws/Arkansas
Very permissive

Arkansas cottage food laws

A food freedom state with no sales cap and broad sales channels.

Arkansas replaced its old cottage food law with the Food Freedom Act (Act 1040 of 2021). There is no sales cap, no permit, no required inspection, and Arkansas is one of only a handful of states that explicitly allows interstate cottage food commerce in its statute (federal FDA rules still apply once you ship across state lines). Producers can sell from home, online, deliver, mail in-state, and even sell to retail shops or grocery stores in some cases.

Last verified May 2, 2026•Arkansas Food Freedom Act (Act 1040 of 2021, A.C.A. § 20-57-501 et seq.)
At a glance

Arkansas cottage food, quick facts.

📋
Permit
Not required
💰
Sales cap
None
🌐
Online sales
Allowed
📦
Shipping in-state
Allowed (mail and direct delivery)
✈️
Shipping out-of-state
Statute permits interstate sales when federal law is followed (federal FDA rules apply once across state lines)
🎓
Training
Not required by state law
🏠
Inspection
Not required
How it works

How the Arkansas cottage food law actually works.

Arkansas governs homemade food under the Arkansas Food Freedom Act, codified at A.C.A. § 20-57-501 et seq. The Act took effect on July 28, 2021 and replaced the older cottage food framework. Producers can make and sell non-time/temperature-control-for-safety (non-TCS) homemade food from a private residence with a kitchen, which includes apartments and condos.

There is no permit requirement, no required inspection, and no state-imposed sales cap. The Arkansas Department of Health publishes a Homemade Food Production Guide that summarizes the rules and labeling expectations for producers.

Sales channels are unusually broad. Producers can sell from home, take orders online, deliver, mail products to in-state customers, and sell to retail shops and grocery stores. The statute also explicitly allows interstate sales when the producer complies with federal law, although federal FDA regulation kicks in the moment a package crosses state lines.

Meat, poultry, seafood, and TCS foods are excluded. Raw dairy and alcoholic products are also outside the Act. If your product needs refrigeration to stay safe, it does not qualify as homemade food under Arkansas law.

What you can sell

Allowed and prohibited foods.

✓Allowed
  • Cookies, brownies, bars, biscotti
  • Cakes, cupcakes, muffins, breads, rolls, pastries
  • Fruit pies and other shelf-stable pies
  • Candies, fudge, caramels, chocolates
  • Jams, jellies, preserves, fruit butters
  • Honey and flavored honey
  • Pickled vegetables and acidified foods (per recipe rules)
  • Dehydrated fruits, vegetables, herbs, and dry mixes
  • Roasted coffee beans and dry tea blends
  • Granola, cereal, popcorn, snack mixes
  • Whole, uncut fruits and vegetables
✕Prohibited
  • Meat (red meat and any meat byproducts)
  • Poultry
  • Fish and shellfish
  • Time/temperature control for safety (TCS) foods
  • Raw (unpasteurized) milk and raw dairy
  • Cream pies, custard pies, meringue pies, cheesecakes
  • Alcoholic beverages

The Food Freedom Act covers non-TCS homemade food. Anything that requires refrigeration to stay safe is presumed TCS and is outside the Act. A.C.A. § 20-57-504 lists the exclusions.

Where you can sell

Sales channels for Arkansas cottage bakers.

🤝
In-person / pickup
Allowed statewide. Home pickup, delivery, farmers markets, festivals, fairs, pop-ups.
🌐
Online sales
Allowed. Take orders by website, social, email, phone, or text.
📦
Shipping in-state
Allowed by mail or any carrier within Arkansas.
✈️
Shipping out-of-state
Statute explicitly permits interstate sales when federal law is followed. Practically, once a package crosses state lines you are subject to FDA regulation and most producers stop here.
🥕
Farmers markets
Allowed. No special state permit required.
🏪
Retail stores
Allowed. Retail shops and grocery stores may sell homemade food products provided labeling is correct.
🍽️
Restaurants
Restaurants may resell properly labeled homemade products to consumers. They may not use them as menu ingredients.
  • The required disclosure must follow the product through every sales channel. Online listings and placards must include the same statement as the package label.
  • Local governments cannot block homemade food sales but can still require a basic business license or zoning approval.
Labels

Label every product, exactly like this.

01
Name and address of the homemade food producer
02
Common name of the product
03
Net weight or volume
04
Ingredients in descending order by weight, including sub-ingredients
05
Allergen statement
Identify the major allergens present (milk, egg, fish, shellfish, tree nuts, peanuts, wheat, soy, sesame).
06
Required disclaimer
Verbatim text below.
Required disclaimer (copy verbatim)
This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens.
  • If you sell from a bulk container, the disclosure can be a written document handed to the consumer instead of a label.
  • If the product is unpackaged at point of sale (a sample at a market or a single cookie), display the disclosure on a placard.
  • If you sell online, post the same disclosure on your website or product listing.
Sales cap

How much can you earn under Arkansas cottage law?

Arkansas imposes no annual sales cap on Food Freedom producers. There is no cliff to plan around. As you grow you become subject to ordinary sales tax and income tax obligations like any other small business.

Training

Food safety training in Arkansas

Arkansas does not require food safety training for Food Freedom producers. Many bakers complete a low-cost ServSafe Food Handler course as a personal credibility step or because a market requires it.

Registration

Registration, permits, and inspections in Arkansas

There is no state registration. The Arkansas Department of Health does not issue Food Freedom permits or licenses. You may still need a county or city business license, and you should register for sales tax with the Arkansas Department of Finance and Administration.

Step-by-step

How to start a cottage bakery in Arkansas.

  1. 01
    Confirm your products are non-TCS
    Stay away from meat, poultry, seafood, raw dairy, alcohol, and anything that needs refrigeration to be safe. Everything else is generally fair game.
    Arkansas Department of Health Homemade Food Production Guide →
  2. 02
    Build a label template
    Producer name and address, product name, net weight, ingredients by weight, allergen statement, and the required disclaimer.
  3. 03
    Choose your sales channels
    Direct sales, online, in-state mail, retail stores, and grocery shelves are all allowed. The disclosure must follow the product everywhere.
  4. 04
    Set up your storefront
    Cakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add your menu, prices, lead times, and pickup or delivery zones.
    Create a free Cakery page →
  5. 05
    Register for state sales tax
    Register with the Arkansas Department of Finance and Administration for a sales and use tax permit before you start selling taxable items.
    Arkansas DFA: Sales and Use Tax →
  6. 06
    Decide if you will accept out-of-state orders
    The Act permits interstate sales when federal law is followed, but FDA regulation applies once across state lines. Most home bakers stay in-state to avoid that risk.
Worth knowing

A few things Arkansas bakers should know.

  • Arkansas is one of only a few states that explicitly references interstate sales in its homemade food statute. That does not waive federal FDA rules. It only means Arkansas does not stop you at the state line.
  • TCS foods (anything requiring refrigeration to stay safe) are outside the Food Freedom Act. If you want to sell cream-cheese-frosted cakes, custard pies, or cheesecakes, you need a permitted commercial kitchen.
  • The required disclosure must follow the product through every channel: container labels, online listings, placards at markets, and bulk-sale handouts.
  • Local governments cannot block homemade food sales, but you may still need a city or county business license or zoning approval.
  • Sales tax applies to most cottage food sales. Register before you start invoicing customers.
Resources

Bookmark these for Arkansas baking.

Official agency resources

Arkansas Department of Health: Homemade Food Production Guide (July 2025)
Plain-language ADH guidance on the Food Freedom Act, allowed foods, labeling, and disclosures.
→
University of Arkansas Cooperative Extension: Food Freedom Act page
Extension overview written for producers, with examples and label templates.
→
Arkansas Department of Finance and Administration: Sales and Use Tax
Register for a sales tax permit so you can collect and remit tax on taxable items.
→
Arkansas Secretary of State: Business Services
Where to register an LLC, file a fictitious name, or pull formation paperwork.
→

Statute and rules text

A.C.A. § 20-57-501 et seq. (Arkansas Food Freedom Act)
→
A.C.A. § 20-57-505 (Disclosures)
→
A.C.A. § 20-57-504 (Limitations and prohibited foods)
→

Helpful resources for bakers

Forrager: Arkansas guide
Plain-English summary of the Arkansas Food Freedom Act with updates.
→
Institute for Justice: Selling Homemade Food in Arkansas
Advocacy overview of Arkansas homemade food rules.
→
Arkansas Cottage Food Producers (Facebook group)
Community of Arkansas homemade food sellers swapping label and venue tips.
→
National Ag Law Center: Arkansas state compilation
Statute text and research links for Arkansas cottage and homemade food.
→
Cakery Pricing Guide for Cottage Bakers
How Cakery handles your storefront, orders, and customer leads.
→
Recent changes

Recent and upcoming changes in Arkansas.

  • July 28, 2021Act 1040 (Arkansas Food Freedom Act) took effect. It replaced the prior cottage food law, removed the sales cap, opened retail and online channels, and explicitly addressed interstate sales.
FAQ

Arkansas cottage food FAQ.

Do Arkansas home bakers need a permit?
No. The Food Freedom Act exempts homemade food producers from state licensing, permitting, and inspection. Local governments may still require a basic business license.
Is there a sales cap?
No. Arkansas imposes no annual revenue cap on Food Freedom producers. You scale until ordinary income and sales tax obligations apply.
Can I ship Arkansas homemade food to other states?
The statute permits interstate sales when federal law is followed, but federal FDA regulation applies once you cross state lines. Most home bakers stay in-state to avoid that complexity.
Can I sell to grocery stores or coffee shops?
Yes. Retail stores and grocery shops may sell homemade food products provided the required disclosure follows the product. Restaurants cannot use them as menu ingredients.
What is the required disclaimer?
This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens. The disclosure must appear on labels, online listings, placards, and any other point-of-sale display.
Can I sell cheesecake or custard pie?
No. TCS foods (anything requiring refrigeration to stay safe) are outside the Food Freedom Act. Cheesecakes, cream pies, and custard pies require a licensed commercial kitchen.
Do I need to collect sales tax?
Most cottage food sales are taxable in Arkansas. Register for a sales and use tax permit with the Arkansas Department of Finance and Administration before you start selling.
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Last verified May 2, 2026. This page is a plain-English summary of Arkansas cottage food laws and is not legal advice. Cottage food rules change, and local health departments often add their own requirements. Always confirm the current rules with the Arkansas agency listed in the official resources above before you sell, ship, or label a product.