Arkansas Cottage Food Laws (2026): Selling Homemade Food Legally
This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-12
Quick answer
- Law / program
- Arkansas Food Freedom Act (Act 1040 of 2021, Ark. Code 20-57-501 to 20-57-507)
- Annual sales cap
- None
- Official details
- State cottage food page
Do you need a license to sell homemade food in Arkansas?
No license, certification, inspection, registration, or fee; compliant producers are exempt from all of it. The only registration-like option is voluntary: request an ID number from the Department of Agriculture to use on labels instead of your home address and phone.
None.
What foods are allowed
Any non-TCS homemade food or drink made at your residence: shelf-stable baked goods, candy, jams, dry mixes, granola, dried herbs, and roasted coffee. Pickled cucumbers and acidified vegetables at pH 4.6 or less are specifically allowed, but only with an ADH-approved or lab-tested recipe (or per-batch pH meter testing) plus numbered batches and records.
No meat, poultry, or seafood products, and no TCS (perishable) foods of any kind: no cheesecakes, cream pies, cut produce, or garlic in oil. Raw milk falls under a separate limited on-farm statute.
Where you can sell
Very broad: in person, by phone, or online to informed end consumers, at home, farms, offices, farmers markets, roadside stands, fairs, and festivals, with delivery by you, an agent, a third-party vendor, or a carrier (so in-state shipping works). Uniquely, Arkansas also allows third-party retail sales through shops and grocery stores, with the disclosure label on the product and homemade items kept separate from licensed-facility food. Restaurants cannot serve or use the products, and out-of-state shipping runs into federal FDA rules.
In-person events are where most cottage food sellers move product. Browse upcoming craft fairs in Arkansas to find shows with dates, booth fees, and application deadlines.
Labeling requirements
Disclosures must include: date made, producer's name, address, and phone (or the optional Agriculture Department ID), the product's common name, ingredients in descending order, and the exact statement: 'This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens.' Via package label, point-of-sale placard for unpackaged items, or the website for online sales.
Sales tax and local rules
Homemade food sales are taxable, and the catch is bigger than most expect: under DFA rules, items the seller made by combining ingredients are 'prepared food' taxed at the full 6.5 percent state rate plus local taxes, not as exempt groceries. (Arkansas also eliminated its 0.125 percent state grocery tax in January 2026, but that mostly does not help seller-made goods anyway.) Register for a sales tax permit with DFA.
Strong preemption: counties and municipalities cannot prohibit or regulate the production and sale of homemade food products, though general business rules and event vendor policies still apply.
No specific penalty schedule; ADH retains foodborne illness investigation and adulterated/misbranded food authority, and selling outside the Act's scope (meat, TCS foods) requires regular permits.
Selling non-food crafts too? See the Arkansas craft fair permit and sales tax guide.
Arkansas cottage food FAQ
Can I sell homemade food in Arkansas?
Yes, under Arkansas Food Freedom Act (Act 1040 of 2021, Ark. Code 20-57-501 to 20-57-507). No license, certification, inspection, registration, or fee; compliant producers are exempt from all of it. The only registration-like option is voluntary: request an ID number from the Department of Agriculture to use on labels instead of your home address and phone.
What foods can I sell under Arkansas's cottage food law?
Any non-TCS homemade food or drink made at your residence: shelf-stable baked goods, candy, jams, dry mixes, granola, dried herbs, and roasted coffee. Pickled cucumbers and acidified vegetables at pH 4.6 or less are specifically allowed, but only with an ADH-approved or lab-tested recipe (or per-batch pH meter testing) plus numbered batches and records. No meat, poultry, or seafood products, and no TCS (perishable) foods of any kind: no cheesecakes, cream pies, cut produce, or garlic in oil. Raw milk falls under a separate limited on-farm statute.
Is there a sales limit for cottage food in Arkansas?
No. Arkansas places no annual cap on cottage food sales.
Where can I sell cottage food in Arkansas?
Very broad: in person, by phone, or online to informed end consumers, at home, farms, offices, farmers markets, roadside stands, fairs, and festivals, with delivery by you, an agent, a third-party vendor, or a carrier (so in-state shipping works). Uniquely, Arkansas also allows third-party retail sales through shops and grocery stores, with the disclosure label on the product and homemade items kept separate from licensed-facility food. Restaurants cannot serve or use the products, and out-of-state shipping runs into federal FDA rules.
What has to be on my label in Arkansas?
Disclosures must include: date made, producer's name, address, and phone (or the optional Agriculture Department ID), the product's common name, ingredients in descending order, and the exact statement: 'This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens.' Via package label, point-of-sale placard for unpackaged items, or the website for online sales.
Do I charge sales tax on cottage food in Arkansas?
Homemade food sales are taxable, and the catch is bigger than most expect: under DFA rules, items the seller made by combining ingredients are 'prepared food' taxed at the full 6.5 percent state rate plus local taxes, not as exempt groceries. (Arkansas also eliminated its 0.125 percent state grocery tax in January 2026, but that mostly does not help seller-made goods anyway.) Register for a sales tax permit with DFA.
Find places to sell in Arkansas
Browse upcoming craft fairs and markets in Arkansas with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.
Official sources
- Act 1040 of 2021, Arkansas Food Freedom Act (full text)
- Arkansas Department of Health, Food Protection FAQ
- ADH Farmers Market Vendor Guidelines
- Act 1008 of 2025, Grocery Tax Relief Act
- Arkansas DFA, Food and Food Ingredients Tax Guide
Last verified: 2026-06-12. Spotted something out of date? Let us know.