Homemade food or drink product (Arkansas Food Freedom Act)
Ark. Code Ann. §§ 20-57-501 to 20-57-507 (Food Freedom Act); § 20-57-201(1)(B) (exemption from 'food service establishment') · Act 1040 of 2021 (SB 248; Sens. B. Davis and B. Ballinger, Rep. Payton), approved 2021-04-29; replaced the cottage food law (Act 72 of 2011, as amended). § 20-57-503 amended by Act 205 of 2023, eff. 2023-08-01 (code history note)
No sales cap in the statute or in ADH guidance.
Examples you can sell
Non-time/temperature control for safety (non-TCS) foods made at home; no meat, poultry, seafood, or TCS foods (§ 20-57-504(b)). ADH guide (2026-05-21) sets limits of final pH 4.6 or below or water activity 0.85 or below, and no refrigeration needed.
- Breads, biscuits, biscotti, quick breads, pretzels (ADH)
- Cakes, cupcakes, cookies, doughnuts, pastries (ADH)
- Fruit-filled pies, pineapple upside-down cake (ADH)
- Candy: bon bons, brittle, caramels, chocolate, fudge, hard candy, popcorn balls (ADH)
- Chocolate-covered nuts, dried fruit, uncut fruit and berries, marshmallows, pretzels (ADH)
- Icings: buttercream, fondant, gumpaste, flat icing, glaze, royal icing; sugar art and edible images (ADH)
- Jams, jellies, preserves, marmalades, conserves, apple butter, fruit syrup, sorghum (ADH; full sugar only)
- Honey, including creamed honey and honey flavored with dry non-TCS ingredients; maple syrup (ADH)
- Candy flavored with alcohol under 5% alcohol by volume (ADH, citing A.C.A. § 3-2-413)
- Pickled cucumbers and other acidified vegetables at pH 4.6 or below, with approved or tested recipe, batch numbers and records (§ 20-57-503)
Not allowed
- Meat, poultry, seafood (§ 20-57-504(b)); also wild game (ADH)
- Time/temperature control for safety foods, including cut leafy greens, cut tomatoes, cut melons, raw sprouts, garlic-in-oil mixtures (§ 20-57-503; ADH)
- Dairy products such as milk, cheese, butter, sour cream (ADH guide; see open questions on the legal basis)
- Cheesecake; banana cream, meringue, pumpkin and squash pies; custard or pudding pies, cakes and cupcakes; Tres Leches cake (ADH)
- Cream-based fillings; non-baked products with raw or pasteurized eggs (raw cookie dough, soft meringue, mousse, tiramisu) (ADH)
- Icings based on egg, cream, milk, or cream cheese unless documented as non-TCS (ADH)
- Lard, bacon grease, and other animal fats (ADH)
- Jams and jellies made with reduced sugar or sugar substitutes (ADH)
- Pizza and frozen doughs (ADH)
- Alcohol-flavored products, except candy under 5% alcohol by volume (ADH)
The statement your labels must carry
This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens.
Home and Hearth Baker