The backbone of the Food Freedom Act — shelf-stable foods don't need refrigeration, face no sales cap, and can be sold almost anywhere in the state. Here's how to stay compliant.
Under the Arkansas Food Freedom Act (Ark. Code § 20-57-503), a shelf-stable food is any "homemade food or drink product" that does not require time or temperature control for safety — officially classified as a Non-TCS food. In plain English: if it can safely sit at room temperature without growing harmful bacteria, it qualifies.
The safety of a shelf-stable food depends on two scientific factors that work together to prevent bacterial growth:
Measures how acidic a food is on a scale of 0 to 14. Lower numbers mean more acidic. For acidified foods under the Food Freedom Act, the final equilibrium pH must be 4.6 or below. This level of acidity prevents the growth of Clostridium botulinum and other dangerous pathogens. Vinegar, citrus juice, and fermentation all lower pH.
Measures how much moisture is available for bacteria to use. Pure water has an Aw of 1.0. Most bacteria can't grow below 0.85 Aw. Sugar, salt, and drying all reduce water activity. While Arkansas law doesn't set a specific Aw threshold, the ADH uses FDA Food Code classifications to determine TCS vs. Non-TCS status.
A product is Non-TCS when its combination of pH, water activity, acidity, and other factors prevent the growth of harmful microorganisms at room temperature. Most baked goods, candies, jams (with real sugar), dried foods, honey, and properly acidified products naturally meet this standard.
For pickles, salsas, hot sauces, and fermented products: Your final product must test at or below pH 4.6. Use a calibrated digital pH meter — test strips are not accurate enough for food safety verification.
The Food Freedom Act places no dollar limit on how much you can sell. Sell $500 or $500,000 — as long as your products are Non-TCS and properly labeled, there is no revenue ceiling.
This is one of the most significant advantages of Arkansas's Food Freedom Act. Most states impose annual sales caps ranging from $25,000 to $75,000 — once you exceed the cap, you must transition to a licensed commercial kitchen. In Arkansas, no such limit exists, allowing you to scale your home kitchen operation as large as your market supports.
Keep in mind: Even without a state sales cap, you still need to collect and remit Arkansas sales tax (state rate 6.5% plus local taxes). Register for your sales tax permit through the Arkansas Taxpayer Access Point (ATAP) before you start selling. And all cottage food income is subject to federal and state income tax — keep thorough financial records from day one.
The Food Freedom Act opened up nearly every sales channel for home food sellers. This is a dramatic expansion from the pre-2021 cottage food regulations, which only allowed direct sales from home, online, and at farmers markets. Here's the full picture:
| Sales Channel | Status | Details |
|---|---|---|
| From your home | ✓ Allowed | Direct sales to consumers from where you produce |
| Farmers markets | ✓ Allowed | Check individual market rules for vendor requirements |
| Roadside stands | ✓ Allowed | Direct to consumer at your own roadside stand |
| Fairs & events | ✓ Allowed | Community events, festivals, church events, school sales |
| Online sales | ✓ Allowed | Website, social media, phone/text orders. Label info must appear on the webpage. |
| Retail & grocery stores | ✓ Allowed | Third-party vendors may sell your products to informed end consumers |
| Pop-up shops | ✓ Allowed | Within an unaffiliated business, limited time, owner consent, you or employee present |
| Delivery (self) | ✓ Allowed | You or your agent deliver directly to the consumer |
| Third-party delivery & mail | ✓ Allowed | Third-party carriers, USPS, UPS, FedEx — all permitted under the Act |
| Interstate sales | ⚠ Conditional | Allowed if you comply with all applicable federal laws and the receiving state's regulations |
| Restaurants & cafes | ✗ Not allowed | Food service establishments require products from "approved sources" — homemade products don't qualify |
"Informed end consumer" requirement: Regardless of where you sell, your product must reach an informed end consumer — the last person to purchase the food, who cannot resell it, and who has been informed through labeling and signage that the product was made in an uninspected home kitchen. A grocery store can sell your products to their customers (who are end consumers), but you can't sell to a business that intends to use your products as ingredients in their own commercial food products.
Although the Food Freedom Act exempts home producers from state inspection, you're still responsible for producing safe food. The Arkansas Department of Health can investigate complaints and take enforcement action against adulterated or misbranded products. Here are the practical storage and handling essentials:
Track your Arkansas cottage food sales, manage inventory dates, and generate reports for tax filing — all in one place.
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