Skip to content

Arkansas Cottage Food Laws (2026): The Food Freedom Act

Arkansas cottage food laws: the Food Freedom Act, no permit, online sales and shipping, grocery stores allowed, pickles with batch numbers, and the label.

By Koa Sterling. Product specialist at TaroStack and small business owner. Yes, I am a real human, and I actually sit in front of a computer and write these articles. Reviewed October 16, 2026 · 6 min read

Arkansas replaced its cottage food law in 2021 with the Food Freedom Act, Act 1040, since amended by Act 698 of 2025. Homemade food or drink that doesn't need refrigeration, made at your residence, needs no permit or inspection from the Department of Health. You can sell it in person, by phone or online, through an agent, or through a retail shop or grocery store, and deliver it yourself or by mail or parcel carrier; sales can even cross state lines if you follow federal law. Pickles and acidified vegetables count too, with an approved recipe or a pH meter on every batch, a batch number on every jar, and records. The one place it can't go is a restaurant's kitchen. Every product discloses the date it was made, your name and contact, ingredients, and a two-sentence statement. In the example below, a Carroll County cook sorts six products. Below are the rules, the label, pickles, the example, and a free checklist.

The short version

  • No ADH permit or inspection for homemade non-TCS food or drink made at your private residence.
  • Sell direct in person, by phone or online; through an agent; or through a third-party vendor such as a shop or grocery.
  • Deliver yourself, through the vendor, or by mail or parcel carrier.
  • Out-of-state sales only if you comply with federal law; check with FDA and the other state first.
  • Not to restaurants for use in their food.
  • Pickles and acidified vegetables at pH 4.6 or below: approved recipe or a pH meter on every batch, a batch number on each jar, and batch records.
  • Disclose: date made, name, address and phone (or an ID number), product, ingredients, and the statement.
  • TaroStack keeps each batch's number, date and pH, and where it went. More below.

The rules

Rule What ADH's guidelines say
What's covered Food or drink that doesn't need refrigeration, processed at the producer's private residence
Permit None; exempt from ADH permitting and inspection
Selling Direct to an informed end consumer, in person, by phone or online, by you, your agent, or a third-party vendor
Where From a retail space at the farm, home or office where it's made; at a vendor's store; in Arkansas, or elsewhere if federal law is followed
Delivery By you, your agent, the vendor, or a third-party carrier such as mail or parcel post
Stores A vendor that also sells inspected food keeps homemade food separate
Not allowed Sales to restaurants for use there; TCS foods such as cooked or raw animal foods, cooked plant foods not on ADH's list, cut melons and tomatoes, garlic in oil

The rules are in ADH's Homemade Food Production Guidelines, updated May 21, 2026, and the Food Freedom Act itself. This is general information, not legal advice.

The label

Line What it says
Date The date the food was manufactured, produced or processed
Producer Name, address and phone number, or an ID number from the Arkansas Department of Agriculture
Product The common or usual name
Ingredients In descending order of predominance
Statement "This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens."

The information goes on a label on the package, or on the container for bulk sales with a written copy for the buyer. Online, the website carries it too, and the package is still labeled. How to work out the allergens in a recipe is in allergen matrix template.

Pickles and acidified vegetables

Pickled cucumbers and other acidified vegetables at an equilibrium pH of 4.6 or less are homemade non-TCS food if:

Requirement What it means
The process A recipe from an ADH-approved source or confirmed by a food process authority; or a calibrated pH meter (0.1 resolution and accuracy) on every batch
Batch number A unique number for each batch on the label
Records The batch number, the recipe used, its source or the batch's measured pH, and the date prepared

How the readings are taken is in pH testing for acidified foods.

An example: a Carroll County cook

Ozark Hollow Kitchen, a made-up home cook in Eureka Springs, Arkansas, I use in these examples, sells at a market, online, and through a grocery in town:

Product Allowed? Why
Fried apple pies Yes Non-TCS
Blackberry jam in the grocery Yes Kept apart from inspected products
Bread-and-butter pickles Yes pH meter on every batch, batch number and records
Possum pie No Cream and pudding layers need refrigeration
Chocolate gravy No Cooked dairy needs refrigeration
Fried pies for a diner to serve No Not to restaurants for use there

Each batch of pickles gets the next number, written on every jar and in the batch log with its pH reading and date. By September Ozark Hollow had sold $28,700. How a home food business starts is in how to start a cottage food business.

Get the checklist

Download the Arkansas homemade food checklist. Three sheets: the disclosure, each line with a column for yours; products, each with whether it's allowed and why; and sales by month. It's an ordinary Excel file with no macros, and it works in Google Sheets, LibreOffice and Numbers.

Where this stops working

A batch number on every jar and a log of batch, recipe, pH and date is a lot system, kept by hand. With a grocery and online orders on top, a question about one jar means finding its batch and every customer who got it.

How TaroStack does it

TaroStack keeps each batch's number, date and pH, and where it went.

Batch numbers. Each batch gets a lot number with its production date, made from a versioned recipe, and lot labels print with them, so the jar's batch number and the log come from the same record.

Readings on the batch. Fields of your own on the batch record hold the pH reading, so the log Arkansas asks for is the batch record.

Where it went. The grocery and online buyers are customers with orders, and each order records the lots it got, so one recall report shows where a batch went; TaroStack connects to Square for market sales.

The job Notebook In TaroStack
A batch number per jar Handwritten The batch's lot, on printed labels
Batch, recipe, pH, date A log sheet The batch record
Who got a batch Not recorded One recall report

Lots, batches, versioned recipes and lot labels are on every plan, from $49 a month. The first 30 days are free, with no credit card. If you'd like a hand setting up, ask, and we'll do it with you.

Questions people also ask

Do I need a license for cottage food in Arkansas?

No. Homemade non-TCS food made at your residence is exempt from ADH permits and inspection under the Food Freedom Act.

What goes on an Arkansas cottage food label?

The date made, your name, address and phone or an ID number, the product name, ingredients, and "This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens."

Can I sell homemade food to stores in Arkansas?

Yes, through a retail shop or grocery store, which keeps it separate from inspected food. Not to restaurants for use there.

Can I ship homemade food from Arkansas?

Yes, by mail or parcel carrier. Out-of-state sales must comply with federal law, so check with FDA and the other state.

Sources

  1. Arkansas Department of Health: Arkansas Homemade Food Production Guidelines (May 21, 2026) · read October 16, 2026
  2. Arkansas Act 1040 of 2021: the Arkansas Food Freedom Act · read October 16, 2026

We use AI to help with the research for these articles. Every one is read, checked against its sources and edited by Koa before it's published. Spot a mistake? Tell us and we'll fix it and say so. How we write these.

Let’s get your stack in order.

Get TaroStack

Sign up now for your free 30 day trial. No credit card required.