Arkansas allows producers to sell non-potentially-hazardous homemade foods directly to consumers without licensing or inspection. The Food Freedom Act of 2021 expanded permitted venues and removed prior sales caps, preempting most local restrictions on cottage food sales.
Act 1040 of 2021, codified at Arkansas Code 20-57-401 et seq., allows producers to sell home-baked, canned, and shelf-stable foods directly to informed end consumers. Permitted products include baked goods, jams, jellies, honey, candy, dry mixes, and certain acidified items. Sales may occur at farmers markets, roadside stands, online, by mail, and at the producer's home. Required labels must list producer name, address, ingredients, allergens, and a disclaimer that the product is not inspected. Meat, dairy, and low-acid canned goods remain prohibited. Local health departments cannot impose additional licensing on compliant cottage operations.
Mislabeled or prohibited products may result in cease-and-desist orders, civil penalties up to $1,000, and loss of cottage food protections under state Department of Health enforcement.
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