Cottage food in Rogers is governed by Arkansas's Food Freedom Act (Act 1040 of 2021, A.C.A. 20-57-501 et seq.), which lets producers sell non-perishable homemade foods without a state health department permit or inspection. Products must be labeled as home-produced. Local zoning home occupation rules still apply in Rogers.
Homemade-food sales in Rogers are primarily governed by Arkansas state law rather than a city ordinance. The Arkansas Food Freedom Act (Act 1040 of 2021), codified at A.C.A. 20-57-501 et seq. and effective in 2021, allows individuals to make and sell non-time/temperature-control-for-safety (non-TCS) homemade foods - such as baked goods, candies, jams and jellies, dry goods, and similar shelf-stable items - directly to consumers without obtaining a permit or license from the Arkansas Department of Health and without kitchen inspection. Prohibited items include meat, poultry, seafood, and other TCS foods that must be kept hot or cold for safety. The law is broad on where sales may occur, allowing direct, online, mail-order, and retail sales, with no statutory sales cap. Products must carry a label identifying the producer (business name and address), the product, and ingredients, along with a statement that the product was produced in a private residence exempt from state licensing and inspection. Importantly, being exempt from a state health permit is not the same as being exempt from local rules: a Rogers resident producing cottage foods at home is still operating a home occupation and must comply with the city's Unified Development Code home occupation standards (floor-area limit, no outside employees, no exterior signage, no outside storage). Producers should check with the Rogers city clerk or planning office for any local business license or zoning requirements.
Selling prohibited TCS foods (meat, dairy-filled items, items needing refrigeration) under the cottage food exemption, or mislabeling products, violates state law. Ignoring Rogers' home occupation zoning standards can trigger local code enforcement even where the state permits the food sale.
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See how Rogers's cottage food operations rules stack up against other locations.
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