Do you dream of selling your famous pies, jams, or cookies from your own kitchen in Arkansas? Good news: Arkansas cottage food laws make it easier than ever to launch a home-based food business—no commercial kitchen required! But as with anything in the world of food, there are important rules, limits, and best practices to keep in mind. Whether you’re a hobby baker, a farmers market regular, or looking to supplement your income, this friendly, in-depth guide to Arkansas cottage food laws covers what you can and can’t do, common mistakes, and how to make your homemade treats both legal and successful.
What Are Arkansas Cottage Food Laws?
Arkansas cottage food laws are designed to let regular people make and sell certain “low-risk” foods from their home kitchens, as long as they follow a set of rules to keep things safe. The idea is simple: some foods (like breads and jams) don’t require constant refrigeration and are unlikely to cause foodborne illness, so the state lets you sell these items without expensive licenses or inspections. The main law is Arkansas Code § 20-57-504, with rules overseen by the Arkansas Department of Health.
In 2011, Arkansas passed its first cottage food law, and lawmakers have continued to update and expand the list of what you can make and sell. Compared to some states, Arkansas is quite friendly to home food businesses—but only if you stick to the allowed foods and follow the requirements!
What Foods Can You Sell Under Arkansas Cottage Food Laws?
The state allows only “non-potentially hazardous” foods—basically, products that don’t need refrigeration to be safe. Here are the main categories:
- Baked goods: breads, cookies, cakes, muffins, brownies, pies (except cream/custard pies), doughnuts, and other pastries
- Fruit jams, jellies, and preserves (using high-acid fruits like strawberries, blueberries, or apples)
- Candy, fudge, brittles, pralines, toffee, and similar sweets
- Granola, trail mix, popcorn, nuts (roasted, not raw), and dry snack mixes
- Dry herbs, seasonings, spice mixes, tea blends, and coffee beans (roasted only)
- Honey (from your own hives)
- Chocolate-covered non-perishable foods, like pretzels or marshmallows
- Dehydrated fruits and vegetables (not home-canned; must be shelf stable and dry)
Not allowed: Foods requiring refrigeration for safety, including salsas, fresh or canned vegetables, pickles, sauerkraut, kimchi, dairy products, eggs (except baked into a product), meats, poultry, seafood, custards, cream pies, cheesecakes, or anything home-canned other than jams/jellies.
Important: If a food must be kept hot or cold to be safe, or if you’d find it in the grocery store’s refrigerator section, it’s probably not allowed under cottage food law.
Where Can You Sell Cottage Foods in Arkansas?
- From your home, directly to consumers (for pickup, not as a restaurant or cafe)
- At farmers markets, roadside stands, fairs, and community events
- Online—but only for in-state sales and local pickup or direct delivery by you (no shipping cottage foods across state lines or via mail/courier)
- Churches, schools, or nonprofit events—again, only direct-to-consumer
No wholesale or resale: You cannot sell cottage foods to grocery stores, restaurants, or other businesses for resale, nor can you sell through third-party websites that handle shipping.
Can I Sell at Retail Stores or Restaurants?
No, Arkansas law prohibits selling cottage foods for resale in any retail environment. Only direct sales to the end customer are allowed. Once you want to wholesale, distribute, or see your products in stores, you’ll need to move up to a permitted and inspected commercial kitchen.
What Are the Main Requirements for Cottage Food Sellers?
- Labeling: Every package or item must be clearly labeled with:
- Name and address of the cottage food operation
- Name of the food product
- All ingredients in descending order by weight
- Any major food allergens (wheat, eggs, milk, nuts, soy, etc.) per federal labeling law
- A statement in at least 10-point font: “This product is homemade and not subject to state inspection.”
- Food safety: While Arkansas does not require a food handler’s permit or food safety course for cottage foods, you’re strongly encouraged to learn about basic food safety. Always wash hands, keep work areas clean, and avoid making food when sick. If a foodborne illness or complaint is traced to your business, you can still be investigated or held liable.
- Sales limits: Arkansas has no annual sales cap as of 2024. You can sell as much as you want, as long as you stick to the approved foods and direct sales rules.
- Taxes and business licenses: You must report cottage food sales as income and collect state and local sales tax if required in your city or county. Many cities require a simple home business license—check with your city clerk or county office.
Can I Sell Online?
Yes, but with big restrictions. You may take orders through your website, Facebook, Instagram, or by phone/text, but all delivery or pickup must be direct to the Arkansas customer. No shipping cottage foods out of state or through the mail.
How Do You Stay Compliant?
Arkansas is more lenient than some states, but you still have to follow the rules. Here’s how to keep your cottage food business legal:
- Sell only approved foods that don’t need refrigeration
- Label everything properly, every time
- Sell only direct to the end customer—no retail, no out-of-state shipping
- Keep good records for sales, taxes, and ingredient sources
- Use safe food handling—wash hands, keep surfaces clean, don’t make food when sick
- Ask your city/county about local licenses or zoning issues (especially if you have a lot of customer traffic at your home)
If in doubt, call the Arkansas Department of Health Food Safety Section for clarification—they’re used to cottage food questions!
What Happens If I Break the Rules?
The Arkansas Department of Health can order you to stop sales, fine you, or even refer you to legal authorities if you sell unsafe foods, mislabel, or sell through improper channels. Foodborne illness outbreaks can also bring lawsuits. Even though your kitchen isn’t regularly inspected, the rules matter!
Can You Get Insurance?
While not required by law, business liability insurance is a smart idea for cottage food sellers—especially as your business grows. It protects you if someone gets sick or claims harm from your product. Ask your insurance agent about “home-based food business” or “cottage food” policies.
Common Mistakes (And How to Avoid Them)
- Selling foods not on the approved list (like cheesecakes, home-canned pickles, or refrigerated dips)
- Missing the allergen warning or “not subject to inspection” statement on labels
- Selling to restaurants, grocery stores, or shipping products by mail
- Forgetting to collect or pay sales tax
- Not checking local zoning or business license requirements—some towns are stricter than others
If you’re ever unsure, it’s better to ask for clarification than risk fines or having your business shut down.
What About Farmers Markets and Festivals?
Arkansas is a great state for farmers market sellers. Most markets welcome cottage foods (check market rules first), and you can sample new products directly with customers. Some larger festivals may require you to show that your food is a legal cottage food product—bring sample labels, ingredient lists, and know the law just in case.
Special Considerations for Jams, Jellies, and Preserves
You can make and sell jams, jellies, and fruit preserves, but only with high-acid fruits and using recipes that follow safe canning practices. No vegetables or low-acid fruit butters. Home-canned pickles and salsas are not allowed under cottage food law.
What About Pets? Can I Sell Homemade Dog Treats?
Arkansas allows the sale of pet treats under cottage food law, but you should follow all ingredient and labeling requirements. Pet treats can be sold directly to consumers, but not to pet stores or other retailers.
Resources for Starting Your Cottage Food Business
- Arkansas Department of Health: Cottage Foods
- University of Arkansas Extension: Cottage Foods
- Arkansas Code – Search “cottage food”
- IRS: Self-Employed Tax Center
Final Thoughts: Homemade Business, The Arkansas Way
Arkansas cottage food laws are designed to help regular folks turn baking, jam-making, and candy-crafting skills into real businesses. If you stick to the safe foods list, label everything honestly, and sell only to the end customer, you’ll be on the right side of the law—and could build a thriving business, one pie or cookie at a time. Take pride in your home creations, and don’t hesitate to reach out to state or local officials if you ever need advice. The next great food trend might just come out of an Arkansas kitchen like yours!