The Food Freedom Act allows a wide range of non-temperature-controlled foods and drinks. Here's the complete breakdown of what's open, what has conditions, and what requires a separate license.
Under the Food Freedom Act (Ark. Code § 20-57-504), you can sell any homemade food or drink product that does not require time or temperature control for safety — known as a "Non-TCS" product. Products fall into three categories:
The Food Freedom Act's core organizing principle is simple: if a food doesn't need refrigeration to remain safe, you can make and sell it from your home kitchen. The technical term is "non-time/temperature control for safety" (Non-TCS) — foods that won't grow harmful bacteria at room temperature.
Most baked goods, candies, jams, honey, dried goods, and properly acidified products fall cleanly into this category. The "restricted" column includes foods that can be non-TCS, but only if they meet specific pH requirements (4.6 or below) and you maintain proper testing records. This is because improperly acidified foods — particularly pickles, salsas, and fermented products — can harbor deadly botulism bacteria if the acid level isn't high enough.
The "prohibited" column includes TCS foods — meat, dairy, seafood, cut produce, and other items that require refrigeration. These aren't banned outright in Arkansas. You can absolutely sell them — you just need an Arkansas Department of Health permit and a commercial kitchen that passes ADH inspection. The Special Categories page covers these alternative licensing paths.
Important: The Arkansas Department of Health can still investigate any homemade food product for adulteration or misbranding — even products covered by the Food Freedom Act. The ADH can request product samples for testing at any time. Always use safe, tested recipes and keep thorough records.
If you sell pickles, hot sauce, salsa, fermented beverages, or any acidified food product, the Food Freedom Act requires you to take additional steps beyond basic labeling. Your product must achieve a final equilibrium pH of 4.6 or below, verified through one of three methods: using a state-approved or tested recipe, working with a process authority to validate your recipe, or conducting batch-by-batch pH testing with a calibrated meter. You must also add a unique batch number to each label and maintain records that include the recipe used, batch number, production date, pH test results, and testing method. The University of Arkansas Extension and the National Center for Home Food Preservation both offer tested recipes and guidance.
Products made with sugar substitutes like Splenda, stevia, or other artificial sweeteners may seem similar to their sugar-based counterparts, but Arkansas considers them potentially hazardous. Sugar plays a critical food-safety role in jams, jellies, fruit butters, and many baked goods — it reduces water activity and inhibits bacterial growth. When sugar is replaced, that safety factor is removed, and the product may become a TCS food. If you want to sell sugar-free versions, contact the Arkansas Department of Health to learn what steps are needed.
Check if your specific product is allowed under the Arkansas Food Freedom Act and see exactly what requirements apply.
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