One of the best things about the Arkansas Food Freedom Act: you don't need a state permit or license to start selling. But there are still a few requirements you should know about — here's the complete picture.
The Food Freedom Act (Ark. Code § 20-57-504) explicitly exempts homemade non-TCS food and drink products from state licensure, certification, and inspection. You do not need a cottage food permit, a food handler card, or a health department license to sell.
That said, "no permit required" doesn't mean "no paperwork at all." You will need a sales tax permit from the Arkansas Department of Finance and Administration, and your city or county may require a local business license. The table below lays out every permit and registration that may apply to your home food business.
| Permit / Registration | Required? | Agency | Cost | Details |
|---|---|---|---|---|
| Cottage Food / Food Freedom Act Permit | Not required | N/A | $0 | No state permit needed. The ADH offers optional registration for producers who want it, but it is completely voluntary. |
| Food Handler Certification | Not required | N/A | $0 | No food safety training required by law. Recommended for your own credibility and food safety knowledge. ServSafe and ANAB-accredited courses are widely available ($10–$15 online). |
| Home Kitchen Inspection | Not required | N/A | $0 | Your home kitchen is exempt from ADH inspection under the Food Freedom Act. The ADH can still investigate complaints. |
| Sales Tax Permit(Gross Receipts Tax Permit) | Required | Arkansas Dept. of Finance & Administration (DFA) | $50 one-time | Required before you start selling. Apply online at ATAP. Processing takes ~2 weeks. You must collect and remit state sales tax (6.5%) plus local taxes (total typically 8–11%). |
| EIN (Employer Identification Number) | Recommended | IRS (Federal) | Free | Required if you form an LLC or hire employees. Recommended for sole proprietors for privacy (use instead of SSN). Apply at IRS.gov — instant online. |
| Local Business License | May be required | City Clerk or County Government | ~$50+ (varies) | Some cities and counties require a general business license. Contact your local city clerk or county office. The Food Freedom Act prevents local food-safety restrictions but does not override general business licensing. |
| DBA / Fictitious Name | If using a business name | County Clerk (sole proprietors) | ~$25 | Required only if you use a name other than your legal personal name. Sole proprietors file with their county clerk. Does not expire. |
| Label Pre-Approval | Not required | N/A | $0 | Arkansas does not require pre-approval of labels. You are responsible for ensuring compliance with disclosure requirements under § 20-57-505. |
| ADH Food Establishment Permit | Not for Food Freedom Act sellers | Arkansas Dept. of Health | Varies | Only required if you sell TCS foods or operate a food service establishment (restaurant, food truck, etc.). Not needed for non-TCS homemade products under the Food Freedom Act. |
For a Food Freedom Act home food seller, the "licensing" process is refreshingly simple. Here's your step-by-step path from idea to legal sales:
Make sure everything you plan to sell is a non-TCS food or drink product. Review the What You Can Sell guide. If you're selling acidified products, verify your recipe meets the pH 4.6 requirement.
Go to the Arkansas Taxpayer Access Point (ATAP) and click "Register a Business." Pay the $50 one-time fee. Allow about 2 weeks for processing. You'll receive your permit and sales tax account number by mail.
Apply for a free Employer Identification Number at IRS.gov. Takes minutes online and you'll receive it immediately. This protects your SSN and is needed to open a business bank account.
Contact your city clerk or county government to ask if a home-based business license is required for selling food products from your residence. Requirements vary widely — some cities require one, others don't.
If you'll sell under a name other than your legal name (e.g., "Sweet Magnolia Bakes" instead of "Jane Smith"), file a fictitious name certificate with your county clerk ($25). This lets you legally operate and open a bank account under your business name.
Design your labels with all required disclosure information — production date, producer name and contact (or Arkansas Dept. of Agriculture ID number), product name, ingredients, and the required disclaimer. See the Label Requirements guide for exact specifications.
That's it. No inspection, no permit application, no waiting period. Once your sales tax permit arrives and your labels are compliant, you're legally ready to sell in Arkansas.
Under the Food Freedom Act, your home kitchen is not subject to routine ADH inspections. This is a core benefit of the Act — it exempts your private residence from the inspection requirements that apply to commercial food establishments.
However, the ADH retains authority in two important areas. First, the ADH can investigate complaints related to homemade food products and ensure that adulterated or misbranded food is not being sold. If a consumer files a complaint or a foodborne illness is traced to your product, the ADH can and will investigate. Second, the ADH can request samples of your products for testing at any time. Maintaining good records — especially for acidified foods — is your best protection.
Complaint process: If someone has a concern about a homemade food product, they can contact the Arkansas Department of Health at adh.ehs@arkansas.gov with the subject line "Arkansas Food Freedom Act product complaint." The ADH will evaluate the complaint and may request product samples, production records, or conduct an investigation.
The Food Freedom Act includes a preemption clause (§ 20-57-507) that prevents state and local governments from imposing food safety restrictions on Food Freedom Act producers beyond what the Act itself requires. This means your city can't require a separate food permit, a food handler certification, or a kitchen inspection for your homemade non-TCS products.
However, local jurisdictions can still require a general business license — this is a general commercial registration, not a food-specific permit. They can also enforce zoning rules (especially if you're expecting significant customer traffic at your home) and require you to comply with standard business regulations.
What to do: Before you start selling, make a quick call to your city clerk or county government office. Let them know you'll be operating a home-based food business under the Arkansas Food Freedom Act and ask if you need a local business license. Keep any documentation you receive as proof of compliance.
Upload your permits, track renewal dates, and get reminders before deadlines — so you never lose compliance status.
Create Free Account to Use This Tool →Here are the agencies you may need to contact while setting up and running your Arkansas home food business:
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