Where You Can Sell
- Permitted sales channel: Home Pickup
- Permitted sales channel: Farmers Markets
- Permitted sales channel: Online Orders
- Permitted sales channel: In-State Shipping
- Permitted sales channel: Wholesale
- Not permitted sales channel: Interstate Sales
Yes, you can legally sell baked goods and other low-risk foods from your home kitchen in Arkansas. And what Arkansas gives you is genuinely remarkable: no permit, no annual sales cap, and the freedom to sell through grocery stores or ship your products across state lines. The Arkansas Food Freedom Act (Act 1040 of 2021), which took effect July 28, 2021, replaced the state's previous Cottage Food Law and stands as one of the most permissive home-food laws in the country.
If you only remember three things, make them these: no permit required, no sales cap, and the disclaimer on your label must be word-for-word exact. Everything else is explained below.
Laws can change, so always verify current requirements against the official sources linked at the bottom of this page before you start selling.
What You Can Sell Under Arkansas's Food Freedom Act
Arkansas's Food Freedom Act allows you to sell homemade non-time/temperature control for safety (non-TCS) foods — that is, foods that don't require refrigeration to prevent the growth of harmful microorganisms — without any state permit or inspection. Under Act 1040 of 2021, you're working with a genuinely broad list.
✅ You Can Sell
- Baked goods — breads, cakes, cookies, pastries, muffins, pies, doughnuts
- Jams, jellies, fruit butters, preserves
- Candies, chocolates, fudge, caramels, granola
- Dry mixes, dried herbs, roasted nuts, dried fruit
- Whole, uncut fresh fruits and vegetables
- Honey, creamed honey, and honey with dry non-TCS flavorings
- Maple syrup and sorghum
- Pickled cucumbers and acidified vegetables with equilibrium pH ≤ 4.6 — only with an ADH-approved recipe, a certified food process authority review, or per-batch pH testing and records
- Microgreens (harvested once, after true leaves emerge)
❌ You Cannot Sell
- Foods of animal origin that are raw or heat-treated (meat, poultry, seafood, dairy)
- Cream-filled pastries, custard pies, cheesecakes, or other refrigerated desserts
- Low-acid canned vegetables (green beans, corn, beets, etc.) — pH above 4.6
- Cut leafy greens, cut tomatoes, or cut melons
- Raw seed sprouts (microgreens are allowed; sprouts are not)
- Garlic-in-oil mixtures
- Baked goods with cream cheese frosting or cheese fillings
- Jams and baked goods made with sugar substitutes like Splenda
- Any TCS food — even commercially pre-packaged — unless sold from an ADH-permitted facility
| ✅ You Can Sell | ❌ You Cannot Sell |
|---|---|
| Baked goods — breads, cakes, cookies, pastries, muffins, pies, doughnuts | Foods of animal origin that are raw or heat-treated (meat, poultry, seafood, dairy) |
| Jams, jellies, fruit butters, preserves | Cream-filled pastries, custard pies, cheesecakes, or other refrigerated desserts |
| Candies, chocolates, fudge, caramels, granola | Low-acid canned vegetables (green beans, corn, beets, etc.) — pH above 4.6 |
| Dry mixes, dried herbs, roasted nuts, dried fruit | Cut leafy greens, cut tomatoes, or cut melons |
| Whole, uncut fresh fruits and vegetables | Raw seed sprouts (microgreens are allowed; sprouts are not) |
| Honey, creamed honey, and honey with dry non-TCS flavorings | Garlic-in-oil mixtures |
| Maple syrup and sorghum | Baked goods with cream cheese frosting or cheese fillings |
| Pickled cucumbers and acidified vegetables with equilibrium pH ≤ 4.6 — only with an ADH-approved recipe, a certified food process authority review, or per-batch pH testing and records | Jams and baked goods made with sugar substitutes like Splenda |
| Microgreens (harvested once, after true leaves emerge) | Any TCS food — even commercially pre-packaged — unless sold from an ADH-permitted facility |
In Arkansas, cottage bakers may sell breads, cookies, jams, candies, roasted nuts, and whole fresh produce, but not refrigerated, cream-filled, or meat-containing products, and not low-acid canned vegetables.
ℹ Note
Acidified Foods Have Their Own Requirements
Pickles, salsa, and other acidified vegetables are allowed under the Arkansas Food Freedom Act — but they come with strings attached. Your recipe must either come from a source approved by the Arkansas Department of Health (ADH), be certified by a food process authority confirming a final equilibrium pH of 4.6 or lower, or you must test each individual batch with a calibrated pH meter (resolution of 0.1 pH units, accuracy of ±0.1 pH units). You also have to label each batch with a unique batch number and keep records of the batch number, recipe source, pH results, and production date. If you're making pickles or salsa, build this recordkeeping into your process from day one.
⚠ Watch out
Verify Borderline Foods Before Selling
The UA Cooperative Extension Service notes that bakery products, jams, jellies, and fruit butter made with sugar substitutes like Splenda are considered potentially hazardous under Arkansas law and are not covered by the Food Freedom Act. When you're not sure whether your product qualifies, contact the Environmental Health Specialist at your local ADH office before your first sale.
Next step
Start taking prepaid orders with Arkansas-compliant labels
MyPorch helps Arkansas bakers collect prepaid orders, generate Arkansas-compliant labels, and keep weekly pickups and customer details organized.
Start your Arkansas storefrontAnnual Revenue Cap and Sales Channels
Arkansas places no annual sales cap on homemade food products under the Food Freedom Act (Act 1040 of 2021). You can earn unlimited gross revenue from your home bakery — there is no ceiling, no tiered license to unlock higher sales, and no reporting threshold.
Where You Can Sell
Arkansas's sales channel rules are some of the most flexible in the country. Under Act 1040 of 2021 and the ADH's Homemade Food Production Guidelines, you can sell your homemade non-TCS food:
- Direct to consumers in person — from your home, farm, or office
- At farmers markets, roadside stands, fairs, and festivals
- Online — through your website, social media, or any online sales platform
- By phone — custom orders placed by call or text
- Through retail stores and grocery stores — a third-party vendor (a retail shop, specialty store, or grocery store) can sell your products on your behalf. This is unusual among state cottage food laws and a real competitive advantage for Arkansas producers.
- Via delivery — you, an agent of yours, or a third-party carrier (mail, parcel delivery service) can deliver to your customers.
- Interstate sales — Arkansas law specifically allows you to sell your products in another state, provided you comply with all applicable federal laws. The ADH guidance recommends contacting the FDA as well as the destination state's public health authorities before making your first out-of-state sale.
The one hard prohibition in Act 1040 of 2021: you cannot sell homemade non-TCS foods to restaurants for use within the restaurant, because homemade food is not considered an "approved source" under food service establishment rules.
✓ Tip
Retail and Interstate Sales Set Arkansas Apart
Most state cottage food laws limit you to direct-to-consumer sales. Arkansas is one of only a handful of states that explicitly permits sales through grocery stores and retail shops — and one of the even fewer that allows interstate shipping. If you're building a business that could grow beyond your local farmers market, Arkansas's law gives you room to do that.
In summary, Arkansas's Food Freedom Act (Act 1040 of 2021) imposes no annual sales cap and authorizes direct, online, retail, and interstate sales — but prohibits sales to restaurants as a supply source.
Permit, Registration, and Training Requirements
Under the Arkansas Food Freedom Act (Act 1040 of 2021), you do not need a state permit, license, or food handler certification to sell homemade non-TCS foods. The ADH's Homemade Food Production Guidelines state plainly: "No permit, license or fee is required for the production of homemade food products."
The law, as codified at Ark. Code Ann. § 20-57-504, exempts compliant homemade food and drink products from "state licensure, certification, inspection, and packaging and labeling requirements" — with the important caveat that you still must comply with the disclosure requirements in § 20-57-505 (which is what your label is for).
The Voluntary ID Number (Privacy Option)
If you'd rather not put your home address and phone number on every package, Arkansas offers a practical alternative. You can request a voluntary identification number from the Arkansas Department of Agriculture and use that number on your label in place of your personal contact information. There is no fee for this ID number. If privacy is a concern — particularly for producers who sell online or through retail stores where packages might end up far from home — this option is worth using.
What ADH Can Still Do
No permit doesn't mean no oversight. The Food Freedom Act (Act 1040 of 2021, § 20-57-507) explicitly does not limit ADH's authority to investigate food-borne illness or ensure that food sold in Arkansas is not adulterated or misbranded. If someone reports a concern about your product, ADH can and will investigate.
Business Licenses and Taxes
Arkansas's Food Freedom Act does not exempt you from business licensing requirements, sales tax collection, or any other general business obligations. The UA Cooperative Extension Service notes that you should verify business license requirements and tax obligations with the relevant agencies — the law clears state health permitting only, not your overall business registration.
In summary, Arkansas requires no state permit, fee, or food handler training to sell non-TCS homemade food, but you remain subject to general tax law, business registration requirements, and ADH's authority to investigate adulterated food.
Labeling Requirements
Every Arkansas cottage food product must carry specific required information before it reaches a customer. Under Ark. Code Ann. § 20-57-505, the disclosure requirements of the Food Freedom Act apply to every sale, whether you're selling at a farmers market, through a grocery store, or shipping directly to a customer online.
The Five Required Disclosure Elements
Arkansas law requires you to disclose exactly five categories of information to the informed end consumer:
- The date the product was manufactured, produced, or processed. (Production date is required — this catches a lot of Arkansas bakers off guard.)
- Your name, address, and telephone number — or, alternatively, the voluntary identification number issued by the Arkansas Department of Agriculture if you'd rather not list personal contact information on your label.
- The common or usual name of the food (e.g., "Sourdough Bread," "Strawberry Jam," "Peanut Butter Cookies").
- The ingredients in descending order of predominance (most-used ingredient listed first).
- The verbatim disclaimer statement required by Act 1040 of 2021.
The Required Disclaimer — Word for Word
Arkansas law requires every label to carry this exact statement, as specified in Ark. Code Ann. § 20-57-505:
"This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens."
Do not paraphrase this. The law requires the verbatim text. If you've been using an older version — from the pre-2021 Cottage Food Law era — check your labels now.
Where the Disclosure Must Appear
The ADH guidelines specify that your label information must appear:
- On a label affixed to the package if your product is packaged
- On a label affixed to the container plus a separate written document provided to the buyer at the time of sale, if you're selling from a bulk container
- On a placard at the point of sale, if the product is unpackaged and not in a bulk container
- On the website AND on the physical package, if you're selling online — both the webpage where the product is listed and the package the customer receives must include all required disclosures
Label Elements: Required vs. Recommended
| Element | Required by Arkansas Law | Recommended Best Practice |
|---|---|---|
| Product common name | ✅ Required | — |
| Producer name | ✅ Required | Include your business name if different from your legal name |
| Producer address and phone number | ✅ Required | Use your full street address; or request an AR Dept. of Agriculture ID number for privacy |
| Ingredients (descending by weight) | ✅ Required | — |
| Production / bake date | ✅ Required | — |
| Verbatim disclaimer | ✅ Required | — |
| Net weight or volume | Not required by the Food Freedom Act | ✅ Recommended — standard consumer expectation |
| Best-by or use-by date | Not required | ✅ Recommended for short shelf-life items |
| Allergen callout (e.g., "Contains: wheat, eggs, milk") | Not explicitly required separately | ✅ Strongly recommended — the disclaimer flags allergens exist but doesn't name them |
| Storage instructions | Not required | ✅ Recommended for humidity-sensitive or freeze-able products |
| Batch number | ✅ Required for acidified foods only | Good practice for all products |
| QR code linking to storefront | Not required | ✅ Drives repeat orders |
| Nutrition facts panel | Not required | Optional for professional appearance |
Arkansas law requires five disclosure elements on every label: production date, producer name and contact information (or state-issued ID number), product common name, ingredient list in descending order of predominance, and the verbatim disclaimer.
⚠ Watch out
The Production Date Is Easy to Forget
Arkansas's required label elements include the production date — not a best-by date, but the actual date you made the product. Many bakers who used labels from the pre-2021 Cottage Food Law era miss this because the old law didn't require it. Check every label template you use and make sure the production date field is there and filled in.
For full allergen labeling guidance and label format templates, see our cottage food labeling guide.
Now That You Know the Rules — Here's How to Start Selling in Arkansas
Arkansas makes compliance genuinely simple. You don't have to wait for an inspection, file paperwork, or hit a sales ceiling before you can invest in your business. The main thing standing between you and your first sale is a compliant label. Here's the path from kitchen to customer:
- Confirm your product qualifies. If you're baking cookies, making jam, or mixing granola, you're almost certainly working with non-TCS foods and are covered. If you're making pickles, salsa, or anything acidified, confirm your recipe source and plan your pH testing or records process before you sell a single jar.
- Decide on your label contact information. You have two options under Act 1040 of 2021: list your name, physical address, and phone number directly on the label, or request a voluntary ID number from the Arkansas Department of Agriculture and use that instead. If you're selling through retail stores or shipping online, the ID number option is worth considering for privacy.
- Build your label. Every product needs five things: production date, your name and contact info (or ID number), the product's common name, ingredients in descending weight order, and the verbatim disclaimer. Double-check the disclaimer text — it must be exact. MyPorch's label tool walks you through all required Arkansas fields. See our labeling guide to get started.
- Choose your sales channels. Arkansas lets you sell from your porch, at the farmers market, through Instagram DMs, on your own website, through a local grocery store, or even across state lines. Start where your customers are and expand from there.
- Set up your ordering system. Before you announce your first sale, have a clear process for taking orders, confirming details, and collecting payment. A system you can repeat is what turns a side hustle into a real business. See our guides on how to take pre-orders for your home bakery and how to price your baked goods.
✓ Tip
No Cap Means Plan for Growth From the Start
Since Arkansas places no annual sales limit on cottage food, you don't need to worry about hitting a ceiling and switching licenses. That freedom is real — use it. Set up your ordering and labeling systems to handle more volume than you think you'll need at first. Scaling is easier when your infrastructure isn't an afterthought.
Recent Law Changes
2025 — Act 698: Arkansas amended its law on the incidental sale of raw goat milk, sheep milk, and whole milk. Under Act 698 of 2025, these incidental sales are no longer limited to on-farm sales only — you can now sell raw milk directly to consumers at the farm where it's produced, at farmers markets, or via delivery from the farm. This is a separate provision from the Food Freedom Act and applies specifically to raw milk, not to standard cottage food products.
July 28, 2021 — Act 1040 (The Arkansas Food Freedom Act): This is the foundational law currently governing home food production in Arkansas. It replaced the prior Cottage Food Law (Act 399 of 2017) and made sweeping changes: - Removed the previous annual sales cap (the old law had a $20,000 limit) - Expanded permitted foods to all non-TCS foods, including acidified vegetables under specific conditions - Eliminated the permit, license, and inspection requirement for compliant non-TCS food producers - Opened retail and interstate sales — products can now be sold through grocery stores and shipped to other states - Established the current labeling requirements, including the production date and the verbatim disclaimer
Guide last reviewed: April 21, 2026. Next review due: October 18, 2026.
Summary
Key Takeaways — Arkansas Cottage Food Law
- No permit, license, or inspection required to sell non-TCS homemade food in Arkansas.
- No annual sales cap — unlimited gross revenue under the Food Freedom Act (Act 1040 of 2021).
- You can sell online, through retail shops, grocery stores, and even ship across state lines.
- Every label must carry the exact disclaimer: "This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens."
- You can use a voluntary Arkansas Department of Agriculture ID number on your label instead of your personal address and phone number.
Frequently Asked Questions
Do you need a permit or license to sell homemade food in Arkansas?
What is the Arkansas Food Freedom Act?
What is the Arkansas Cottage Food Law?
Does Arkansas have a Food Freedom Act?
Is there a sales cap for cottage food in Arkansas?
What foods are allowed under the Arkansas Food Freedom Act?
What foods are not allowed under the Arkansas Food Freedom Act?
Can I sell food made at home in Arkansas?
Can I sell food from my home in Arkansas?
Can you sell baked goods from home in Arkansas?
Can I sell cottage food online in Arkansas?
Does Arkansas allow shipping of cottage food products?
Can I sell my cottage food through grocery stores in Arkansas?
Can I sell my homemade baked goods to restaurants in Arkansas?
What labeling information is required for Arkansas cottage foods?
What is the exact disclaimer required on Arkansas cottage food labels?
Does the production date need to be on the label in Arkansas?
Can I use a P.O. box for my address on an Arkansas cottage food label?
Can I get a state ID number instead of listing my address on the label?
Do I need food safety training to sell homemade food in Arkansas?
Are there labeling requirements for Arkansas cottage food sold online?
Is there a specific pH requirement for pickled foods in Arkansas?
Can I make and sell custom cakes or wedding cakes in Arkansas?
Do I need to collect sales tax on cottage food sales in Arkansas?
What happens if someone gets sick from my cottage food in Arkansas?
Can local governments restrict my cottage food business in Arkansas?
Does MyPorch help with Arkansas cottage food labels?
appRuleStatus is currently research-only, meaning Arkansas-specific label rules have not yet been implemented in the app. Check the label tool for current state support status before relying on it for Arkansas compliance.Are microgreens allowed under Arkansas's Food Freedom Act?
How does Arkansas's Food Freedom Act compare to other state cottage food laws?
Can I sell raw milk under the Arkansas Food Freedom Act?
What records do I need to keep for Arkansas cottage food?
How Arkansas Compares
Arkansas vs. Similar States
Key metrics across states with similar baker populations.
| State | Annual Cap | Wholesale | Online Sales | Inspection |
|---|---|---|---|---|
| ArkansasThis guide | None | No | Yes | No |
| Alabama | $20K | No | Yes | No |
| Arizona | None | Yes | Yes | No |
| California | $75K / $150K | Yes | Yes | No |
| Colorado | $10K | No | Yes | No |