Want to sell foods that need refrigeration — soups, cream pies, meals with meat or dairy? You can, but you'll need a different path than the Food Freedom Act. Here's how it works.
A TCS food is any food that requires refrigeration or hot-holding to prevent the growth of dangerous bacteria, viruses, or toxins. These foods contain enough moisture, protein, and neutral pH to support rapid pathogen growth at room temperature. The FDA Food Code — which Arkansas follows — classifies these as foods that must be kept below 41°F (cold) or above 135°F (hot) during storage, transport, and display.
The Food Freedom Act (Ark. Code § 20-57-504) explicitly prohibits the sale of "time/temperature control for safety food products" from home kitchens without ADH permitting. This isn't a flaw in the law — it's a food safety boundary. TCS foods are responsible for the vast majority of foodborne illness outbreaks, which is why they require professional kitchen infrastructure, inspections, and trained food handlers.
If your product is TCS, it doesn't mean you can't sell it. It means you need to follow the commercial kitchen and permitting path instead of the Food Freedom Act path. Many successful Arkansas food businesses have started this way.
Here are the food categories that Arkansas classifies as TCS — these cannot be sold under the Food Freedom Act:
If you want to sell TCS or prepared meal products in Arkansas, you must operate from a facility that is permitted and inspected by the Arkansas Department of Health (ADH). This applies to all food service establishments, including restaurants, food trucks, catering operations, and food processing plants. The path involves more investment and compliance, but it's well-defined and accessible.
Operate your own permitted food establishment — this could be a commercial kitchen, food truck, restaurant, or dedicated food preparation space that meets ADH standards.
Rent time in an existing ADH-permitted commercial kitchen. This lets you produce TCS foods legally without the full cost of building out your own facility.
Partner with an existing ADH-permitted food manufacturer to produce your product at scale. You provide the recipe and brand; they handle production and compliance.
Key rule: You cannot use a commercial kitchen and also claim Food Freedom Act exemptions. The Act specifically requires that homemade food be produced at your private residence. Once you move production to a commercial facility, you're operating under ADH permitting rules — which is fine, but it's a different regulatory framework with different labeling, inspection, and food safety requirements.
If you pursue an ADH permit to sell TCS foods, temperature control becomes a central part of your operation. The Arkansas Department of Health follows the FDA Food Code for temperature guidelines. Understanding the "danger zone" is essential to keeping your customers safe and passing inspections.
| Temperature Range | Status | What It Means |
|---|---|---|
| 135°F and above | ✓ Safe — Hot Holding | Cooked TCS foods served hot must be maintained at 135°F or higher |
| 70°F – 135°F | ✗ Danger Zone — Upper | Rapid bacterial growth. Food must pass through this range within 2 hours during cooling. |
| 41°F – 70°F | ✗ Danger Zone — Lower | Slower but still dangerous growth. Total cooling from 135°F to 41°F must happen within 6 hours. |
| 41°F and below | ✓ Safe — Cold Holding | Refrigerated TCS foods must be stored and displayed at 41°F or lower |
| 0°F and below | ✓ Safe — Frozen | Frozen storage halts bacterial growth. Must maintain 0°F or lower. |
The 2-hour / 6-hour rule: When cooling cooked TCS foods, you must reduce the temperature from 135°F to 70°F within the first 2 hours, and then from 70°F to 41°F within the next 4 hours — for a total cooling time of no more than 6 hours. Using shallow pans, ice baths, and blast chillers can help you meet these targets.
Invest in a calibrated digital food thermometer and use it constantly. Check the internal temperature of cooked foods before serving or packaging. Log temperatures during cooling if you're producing TCS foods for later sale. Many ADH inspections focus specifically on temperature management — it's the single most important food safety factor for TCS products. Thermometers should be calibrated at least daily using the ice-point method (32°F in an ice water bath) or the boiling-point method.
If you've decided to pursue the commercial kitchen path, here's a general overview of the ADH permitting process. Requirements vary by facility type and county, so always contact your local county health unit first.
Reach out to the Environmental Health Specialist at your county's health department. Explain what you want to sell and where. They'll guide you on what type of permit you need and what your facility must include.
For new or remodeled facilities, you must submit detailed plans for ADH review before construction. Plans should include floor layout, equipment schedules, plumbing, ventilation, wall/ceiling/floor materials, and your proposed menu.
Your kitchen must meet ADH standards: commercial-grade equipment, proper ventilation, three-compartment sink, handwashing station, food-safe surfaces, adequate refrigeration, and pest control measures.
An ADH Environmental Health Specialist will inspect your facility before you can begin operations. They'll verify that everything matches your approved plans and meets the Arkansas Rules Pertaining to Retail Food Establishments.
Once approved, you'll receive your food service permit. You'll be billed annually for renewal. Expect routine follow-up inspections throughout the year — the ADH tracks compliance and posts inspection results on their online portal.
Food safety training: While the Food Freedom Act doesn't require food handler certification, ADH-permitted operations often need at least one Certified Food Protection Manager on staff. ServSafe certification is widely accepted in Arkansas. Check with your local health unit for specific requirements based on your facility type.
Not sure if your product is TCS? Answer a few questions about your recipe and ingredients to find out which regulatory path applies.
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