Yes, selling homemade food in Arkansas is legal under specific conditions outlined by the Arkansas Department of Health (ADH) and Act 72 of 2021. Home-based food businesses may operate under the “Home-Based Food Operation” (HBFO) exemption, allowing sales of non-perishable items like baked goods, jams, and candies without a commercial kitchen license. However, perishable foods, such as those requiring refrigeration, remain prohibited unless produced in a licensed kitchen. Local health departments enforce compliance, and recent 2026 ADH guidelines emphasize labeling requirements for allergen transparency.
Key Regulations for Selling Homemade Food in Arkansas
- Permitted Foods: Only non-potentially hazardous foods (e.g., bread, cookies, granola) may be sold under the HBFO exemption. Perishable items, including cream pies or meat-based products, require commercial kitchen certification.
- Sales Channels: Direct-to-consumer sales (farmers’ markets, online orders) are permitted, but wholesale distribution to retailers is restricted without additional licensing.
- Labeling Mandates: All products must display the producer’s name, address, ingredients, and allergen warnings. The ADH’s 2026 update requires bold, legible font for allergens to align with FDA standards.