Arkansas Homemade Food Production Guidelines

Arkansas

Homemade Food Production

Guidelines

Arkansas Department of Health

May 15, 2024

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Table of Contents

Introduction

NO PERMIT REQUIRED

1. Homemade Non-Time/Temperature Control for Safety Foods 3

2. Pickled Cucumbers and Acidified Vegetables 6

3. Raw Fresh Fruits and Vegetables 7

4. Maple Syrup, Sorghum, and Honey 7

PERMIT REQUIRED

1. Canned Low-Acid Foods 7

2. Smoked, Cured, or Dried Meat 7

3. Sprouted Seeds or Beans 8

4. Time/Temperature Control for Safety Foods (TCS Foods) 8

5. Ready-to-eat Food Prepared On-Site and

Unpackaged Commercially Prepared Food 9

ARKANSAS DEPARTMENT OF HEALTH (ADH) PERMITS

ADH permitted and inspected Retail Food Establishment types 9

APPENDIX A – Summary of Non-TCS Foods 10

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Introduction

The Homemade Food Production Guide was developed to provide standards, guidelines, and

consistent information for food vendors, and regulators to provide fresh, safe, and quality food to

the consumer.

This Guide offers advice on food items that may be sold and conditions that must be met at the

point of sale. For any food item that does not fall into one of the categories or if you have

questions about what category it belongs in, please contact the Environmental Health Specialist

at your Arkansas Department of Health (ADH) Local Health Unit.

All food manufactured, produced, processed, sold, or dispensed in the State of Arkansas must

comply with the Arkansas Food Drug and Cosmetic Act and cannot be contaminated, adulterated,

misbranded, or dishonestly presented. Foods produced with ingredients or additives that are

prohibited or are not Generally Recognized as Safe (GRAS) by the United States Food and Drug

Administration are considered adulterated foods and may not be sold.

Depending on the product sold, a vendor may be required to obtain a permit from the ADH as a

Retail Food Establishment or a Food Processing Plant. Contact an Environmental Health Specialist

with the Local Health Unit to determine if a Food Establishment Permit is required.

The ADH’s Rules Pertaining to Retail Food Establishments define a “Retail Food Establishment” as

“an operation that stores, prepares, serves, packages, vends, or otherwise provides food for

human consumption”.

Foods that do not require a permit from the Arkansas Department of Health

1. Homemade Non-TCS Foods

During the 93

Session of the Arkansas General Assembly the Cottage Food Act (Act 399 of 2017)

was removed and replaced by the Food Freedom Act (Act 1040 of 2021). The Food Freedom Act

expands on the items previously allowed under the Cottage Food Act by allowing the sale of

Homemade Non-TCS Food directly to an informed end consumer.

A. What is Homemade Non-TCS Food?

Homemade Non-TCS Food is food or drink products that do not require refrigeration to

prevent the growth of disease-causing microorganisms and are processed at the private

residence of the producer. These products are exempt from ADH permitting and

inspection requirements.

B. What is an “informed end consumer”?

An “informed end consumer” is the last person to purchase a Homemade Non-TCS Food

that cannot resell the product. An informed end consumer has been informed through

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appropriate labeling and signage that the Homemade Non-TCS Food product has not been

regulated or inspected.

C. Where and how can Homemade Non-TCS Foods be sold?

Homemade Non-TCS Foods can be sold:

1. Direct to the informed consumer either in-person, by telephone, or online by the

producer of the Homemade Non-TCS Food, by an agent of the producer (i.e.

employee, friend, etc.), or by a third-party vendor (i.e. a retail shop or a grocery

store).

i. From a retail space located at the ranch, farm, home, or office where the

Homemade Non-TCS Food is produced

ii. At a retail location of a third-party vendor of the Homemade Non-TCS Food

a. Third-party vendors of Homemade Non-TCS Food who also sell food

produced under state or federal inspection must keep the

Homemade Non-TCS Foods separate from inspected products.

iii. Within the State of Arkansas or in another state if the seller complies with

all federal laws. Homemade Non-TCS Food producers should contact the

United States Food and Drug Administration as well as the state and local

public health authorities prior to any sale out of state to ensure compliance

with any applicable laws or regulations.

iv. Delivery of the product can be by the producer, agent of the producer,

third-party vendor, or third-party carrier (mail, parcel post, etc.)

NOTE: Homemade Non-TCS Foods cannot be sold to restaurants for use within the

restaurant because Homemade Non-TCS Foods are not from approved sources.

D. Are Homemade Non-TCS Foods required to be labeled?

While foods produced under the Food Freedom Act are exempted from ADH labeling

requirements, the Act does require certain information to be provided to the informed

end consumer by disclosing:

1. The date that the Homemade Non-TCS Food was manufactured, produced, or

processed.

2. The name, address, and telephone number of the producer. Producers who do not

wish to disclose this information for safety reasons may request an identification

number provided by the Arkansas Department of Agriculture to be used instead of

this information. (To obtain an ID number, please fill out this form from the

Arkansas Department of Agriculture.)

3. The common or usual name of the food.

4. The ingredients of the food in descending order of predominance.

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5. The statement: “This product was produced in a private residence that is exempt

from state licensing and inspection. This product may contain allergens.”

This information must be disclosed on:

a. A label affixed to:

i. The package, or

ii. The container if the product is offered for sale from a bulk container.

i. For products sold from a bulk container, a separate written

document containing all the required disclosures shall be provided

to the consumer at the time of sale.

b. For products offered for sale online, the website must include the above labeling

information and the package itself must be labeled.

E. What foods cannot be sold as Homemade Non-TCS Food?

Any food that requires time and/or temperature control to prevent the growth of

microorganisms that cause food borne illness. The following foods are considered

Time/Temperature Control for Safety Foods (TCS Foods) and CANNOT be sold without a

permit from ADH:

1. A food of animal origin (meat, poultry, seafood, wild game, dairy) that is raw, or

heat treated (cooked).

2. A food of plant origin that is heat treated (except for foods specifically listed in

Appendix A of this document).

3. Raw seed sprouts

4. Cut leafy greens – Defined as: Fresh leafy greens whose leaves have been cut,

shredded, sliced, chopped or torn. Leafy greens that have only been cut from their

root in the field (often called a “harvest cut”) with no further processing are not

“Cut leafy greens”. The term “leafy greens” does not include herbs such as cilantro

or parsley.

5. Cut or sliced fresh tomatoes

6. Cut or sliced melons

7. Garlic-in-oil mixtures

8. Or any food that because of the interaction of its water activity (a

) and pH values

is designated as Product Assessment Required in Table A or B below:

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2. Pickled Cucumbers and Other Acidified Vegetables

Pickled cucumbers and other acidified vegetables that have an equilibrium pH of 4.6 or

less are considered Homemade Non-TCS Food under Act 1040 of 2021 provided:

A. The recipe is from a source approved by ADH (See Links in Appendix A); has been

tested by an appropriately certified Food Process Authority who has confirmed the

process will result in a product with a final equilibrium pH of 4.6 or less. (For a list

of Food Process Authorities please visit: (https://www.afdo.org/directories/fpa/);

or the producer tests each batch with a calibrated pH meter to confirm the

finished product has an equilibrium pH value of 4.6 or less. Only pH meters with a

resolution of 0.1 pH units and an accuracy of +/- 0.1 pH units should be used.

B. The product is labeled with a unique number for each batch (batch number).

C. The producer maintains records that include:

i. The batch number;

ii. The recipe used;

iii. The source of the recipe used or the pH of the batch as measured using a

calibrated pH meter by the producer; and

iv. The date the batch was prepared.

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3. Raw Fresh Fruits and Vegetables

Whole, uncut fresh fruits and vegetables may be offered for sale without a permit or

inspection from ADH.

4. Maple Syrup, Sorghum, or Honey

Maple syrup, sorghum, or honey that is produced by a maple syrup, sorghum producer, or

beekeeper may be sold. Creamed honey (whipped) and honey flavored with dry non-TCS

ingredients (ground cinnamon, nutmeg, etc.) may be sold. Honey with TCS ingredients as

additives or flavorings is not allowed.

Food Items that must be prepared or manufactured at ADH permitted and

inspected facilities:

All the items listed below must be prepared and packaged at an ADH permitted and inspected

Retail Food Establishment or Food Processing Plant.

1. Canned Low-Acid Foods

Canning is the process of preserving food by packing the food into glass jars and heating

the jars to kill organisms that would create spoilage or cause illness. Canning is typically

used to preserve fruits, vegetables, and sometimes meat.

Growth of the bacterium Clostridium Botulinum in canned food may cause botulism, a

deadly form of food poisoning. Botulinum spores are very hard to destroy at boiling water

temperatures; the higher the canner temperature, the more easily they are destroyed.

Therefore, low-acid foods (canned foods with a finished equilibrium pH greater than 4.6

and a a

greater than. 0.85) require much stricter controls to protect public safety and can

only be produced under a permit from the Arkansas Department of Health.

Low-Acid Canned foods include, without limitation, canned: beans, broccoli, carrots,

cabbage, cauliflower, celery, corn, artichoke, asparagus, okra, olives, spinach, onions,

squash, peas, green beans, fish, meat, poultry, broth, and eggs.

2. Smoked, Cured, or Dried Meats

Smoking, curing, and drying meat is a preservation process that removes the available

moisture in the meat. By removing moisture, enzymes cannot contact or react with the

food. There are concerns of various illness-causing organisms that can survive the drying

or curing process. Even though the organisms will not continue to grow in the dried food

there could be enough present to cause illness once ingested.

The Food Freedom Act does not allow for the sale of any products that contain meat,

poultry or seafood and a permit is required to produce these products. Further, permitted

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facilities who produce these products must have a variance approved by ADH for the

specific food process that addresses all the critical food safety factors for the product,

including monitoring of the processing temperatures and the a

of the finished product.

3. Sprouted Seeds or Beans

Sprouts may include alfalfa, clover, sunflower, broccoli, mustard, radish, garlic, dill and

pumpkin as well as mung, kidney, pinto, navy, soybeans, and wheat berries (wheat grass).

Raw and lightly cooked sprouts, especially alfalfa, clover, and mung bean sprouts have

been associated with foodborne illness in a number of outbreaks. Microorganisms already

on the seeds or introduced during the sprouting process grow quickly during the ideal

conditions present during germination and sprouting. There is no step in the production

of raw sprouts such as cooking or pasteurization to reduce or eliminate pathogens before

consumption.

Production of sprouted seeds or beans requires a permit and a variance from ADH for this

specific food process that addresses all critical food safety factors for the product,

including the disinfection of the seeds used to grow the sprouts and testing of the

irrigation water from each batch of sprouts for the presence of pathogenic

microorganisms.

NOTE: Microgreens – sprouted seeds that are harvested after the emergence of “true

leaves” are allowed to be sold under the Food Freedom Act. However, microgreens may

only be cut once, during harvest. Sprouted seeds that still have roots, or the cotyledons are

still un- or under-developed are considered sprouts and must be produced under a permit.

4. Time/Temperature Control for Safety Food (TCS FOOD)

Any TCS food, even if the food is commercially pre-packaged, can only be sold or served

from an ADH permitted and inspected facility. This is to ensure that the proper

refrigeration and monitoring is present to maintain food safety. These food items must be

kept in refrigeration equipment that can always maintain the food at below 41°F or above

135°F.

Common examples of TCS Food include, without limitation, dairy products, cheeses, meat

and poultry products, deli salads, casseroles, cream or custard pies, and cheesecakes.

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5. Ready-to-eat food prepared on site or commercially prepared food that is not pre-

packaged.

Any ready-to-eat food that is prepared on-site (outside of the producer’s home) or any

commercially prepared food that is provided to the consumer in a non-prepackaged form

can only be sold or served from an ADH permitted and inspected facility. Any

establishment preparing, selling, or serving any of these food items must fully comply with

the ADH Rules Pertaining to Retail Food Establishments.

ADH Permitted and Inspected Retail Food Establishment Types:

These definitions are basic definitions only and there may be additional requirements set forth in

the Arkansas Department of Health’s Rules Pertaining to Retail Food Establishments.

1. Brick and Mortar Establishment – Fixed based establishment such as a restaurant.

2. Mobile food establishment – a vehicle mounted kitchen with its own permanently

mounted fresh water and wastewater holding tanks.

3. Seasonal food establishment – an establishment with its own water supply and

wastewater holding tanks, limited to water/ice-based beverages and operate no more

than 150 calendar days out of the year.

4. Coffee Kiosk – not vehicle mounted, has its own fresh water and wastewater holding

tanks, can only sell prepackaged food and coffee-based beverages.

5. Temporary Food Establishment – a food establishment that is only set up for a temporary

event. Temporary permits can only be issued in conjunction with a single event or

celebration organized by a single entity. The permit is valid for one event; another

temporary permit must be issued at the next event. Food preparation is limited. Farmer’s

Markets do not meet this definition.

6. Push-cart - a non-self-propelled vehicle limited to serving food requiring minimal handling

or commissary wrapped food maintained at proper temperatures. Minimal handling

means that the food has been cooked and prepared at a fully permitted establishment

and the food is only dispensed and/or served from the push-cart. Food products prepared

on and served from a push- cart are limited to non-TCS items or the preparation and

service of frankfurters. A push-cart must operate from an approved, permitted,

commissary and must report back to the commissary daily for cleaning and resupply.

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APPENDIX A

For ease of use, Appendix A is divided into categories based on food type. Each category lists

three options: Allowed Foods, Not Allowed Foods, and Exceptions. All foods listed in the

“Exceptions” column need extra information and you should contact ADH regarding the risks that

are associated with these foods.

FOOD TYPE CATEGORIES

1. Pickled, Acid, and Acidified Foods

2. Beverages

3. Baked Foods

4. Frozen Products

5. Jams, Jellies, Preserves, Fruit Butters, Syrups

6. Dried, Dehydrated, and Roasted

7. Candy and Confections

8. Hemp Foods

9. Icings, Frostings, Sugar Art, Toppings

APPROVED RECIPIES

Links to tested recipes have been provided for most products listed that have been obtained from

the National Center for Home Food Preservation (NCHFP). These recipes/processes have been

laboratory tested and produce safe products when the recipe is followed. Deviations to these

recipes will require further product testing using either a laboratory or calibrated pH meter prior

to sale.

NOTE: Dairy products (milk, cheese, butter, sour cream, etc.) are not allowed to be sold

under the Food Freedom Act. Additionally, products prepared from or consisting of fish,

seafood, meat, and poultry are not allowed to be sold under the Food Freedom Act. The

NCHFP website contains many other recipes including recipes for products that are not

allowed for sale under the Food Freedom Act. Please consult your local Environmental

Health Specialist before making products or using recipes that are not specifically listed in

this document.

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1. Pickled, Acid, and Acidified Foods (Canned)

Food Type

Allowed

Not-Allowed

Exceptions

Fruits

Fruits that have an

equilibrium pH value of ≤4.6

and heat-treated to kill

vegetive cells.

amples, including but not

limited to:

• Apples

• Applesauce

• Apricots

• Berries

• Cherries

• Cranberries

• Cranberry Sauce

• Figs (acidified)

• Fruit puree

• Fruit Cocktail

(Mixed)

• Grapefruit and

oranges

• Grapes

• Mangoes, green

• Papaya

• Peaches

• Pears

• Pie Filling

• Pineapple

• Plums

• Rhubarb-Stewed

• Strawberries

Bananas, figs, cantaloupe,

honeydew, watermelon.

nal product pH>4.6

Elderberry juice or syrup (no

approved methods-

elderberries are low acid

berries)

Fruit ciders, fruit juices

(including tomato)

allowed if final product

meets the pH criteria and

are home canned or

pasteurized (heat juice to

160°F for 6 seconds while

stirring constantly).

w, un-canned and

unpasteurized juice is not

allowed because it

requires refrigeration for

safety.

Vegetables

NOTE: Production of these

products require the use of

ADH approved recipes,

evaluation by a Process

Authority, or use of a

calibrated pH meter. These

products also require record

keeping

Vegetables acidified and

have an equilibrium pH ≤4.6

and heat treated to kill

vegetative cells.

For

tomato product recipes

see

“Canning Tomatoes and

Tomato Products”.

• Tomatoes, acidified

with bottled lemon

juice, citric acid, or

vinegar

• Tomato juice,

acidified

• Tomato sauce,

acidified

• Salsa

• Pesto

• Hummus

• Home-canned low-

acid foods; fish,

meat, poultry,

vegetables, soups,

stews, and legumes

(i.e. green beans,

chickpeas, lentils,

peas, and beans)

Products with a final pH >4.6

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Food Type

Allowed

Not-Allowed

Exceptions

Pickled Products

NOTE: Production of these

products require the use of

ADH approved recipes,

evaluation by a Process

Authority, or use of a

calibrated pH meter. These

products also require record

keeping

Pickled products that have

an equilibrium pH ≤4.6 and

heat treated to kill

vegetative cells.

ckled:

• Asparagus

• Beets

• Carrots

• Green, yellow beans

• Green tomatoes

• Okra

• Relish

• Watermelon rinds

• Cucumbers

• Spiced Apple Rings

Pickled:

• Radishes

• Eggs

• Fish

• Meat

• Seafood

Ref

rigerator pickled products

oducts with a final pH >4.6

Homemade vinegars

cannot be used for

producing pickles or

acidified products as

the acid percentage

is not known.

Vinegar

Vinegar and infused vinegars

with an equilibrium pH of

≤4.6

Note: Homemade

vinegars cannot be used

for producing pickles or

acidified products as the

acid percentage is not

known.

• Products with a pH

>4.6

• Oil based flavored

vinaigrettes

Packaged Pie, Cake Fillings

and Toppings

Final product has an

equilibrium pH value of ≤4.6

or a

of ≤0.85 and heat

treated to kill vegetative

cells

• Fruit toppings like

peach, apple or

cherry

• Pie filling (thickened

with ClearJel ®or

Thermflo ®): apple,

blueberry, cherry,

peach

• Lemon or lime curd

• Pie fillings with

tapioca, starch or

flour added before

canning

• Mincemeat pie

filling

• Mole paste

• Pineapple, orange,

raspberry, rhubarb,

etc. curd

• Lemon or lime curd

flavored with ginger

or herbs like thyme

• Products with a final

pH >4.6

• Flavored with

alcohol

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Food Type

Allowed

Not-Allowed

Exceptions

Condiments

Condiments which have an

equilibrium pH value of ≤4.6

and heat treated to kill

vegetative cells.

• B

arbeque Sauce

• Ketchup/Catsup

• Fruit salsas

• Spaghetti Sauce

(without meat)

• Pepper sauce

• Fruit chutney

(without nuts)

• Salsa, Tomato

• Salsa Verde

(tomatillos green

salsa)

• Taco Sauce

• Simple Syrups – 1:

ater/sugar rati

with flavoring

• Fruit based

chutneys with nuts

• Pesto

• Fresh sauces (i.e.

guacamole or

refrigerator salsa)

• Salsa canned i

art jars

• Corn and Bean Salsa

• Oils such as

sunflower, flaxseed,

canola, rapeseed

• Infused oils

• Oil based

vinaigrettes

• Home-canne

caramel and

chocolate sauces

• Coffee Syrups

• Products with pH

>4.6

• Flavored with

alcohol

• Honey- Creamed or

flavored with non-

Time/Temperatur

ontrol for Safety

ingredients (i.e.

ground cinnamon or

ground vanilla) is

allowed

2. Beverages

Food Type

Allowed

Not-Allowed

Exceptions

Packaged-Ready to Consume

Teas, Coffee, and Soft Drinks

Final product pH ≤4.6 or a

≤0.85.

• So

ft Drinks,

packaged

• Teas, packaged

• Heat treated and

canned high-acid

fruit juices

• Lemonade and fruit

flavored ades,

packaged

• Any alcoholic

beverages

• Beverages that are

epared on site

require permittin

from ADH.

• Fresh squeezed

juice

• Cold brew coffee

• Products with a final

pH >4.6 or a

>0.85

• Raw, un-canned and

unpa

steurized juice

is not allowed.

• Fruit ciders, fruit

juices (including

omato) if final

products meet

the pH criteria

and are canne

pasteurized t

160°F for 6

seconds whil

tirrin

onstantly are

allowed.

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3. Baked Foods

Food Type

Allowed

Not-Allowed

Exceptions

Bakery Type Products

Baked foods that do not

require refrigeration:

• B

iscuits

• Biscotti

• Breads

• Cakes

• Cookies

• Cupcakes

• Doughnuts

• Pastries

• Pies, fruit-filled

• Pineapple upside

down cake

• Pretzels

• Quick breads

• Cheesecake

• Pies: banana cream,

eringue pies, pumpkin,

squash pie, etc.

• Custard, pudding, cakes

or cupcakes with custar

r pudding filling

• Fillings containing meat,

poultry, fish, seafood, or

vegetables

• Homemade lard, bacon

grease, or other animal

fats

• Non-baked dairy (butter,

cheese, cream cheese,

yogurt) Ex: no-bake

cheesecakes

• Non-baked products

containing raw and/or

pasteurized eggs such as

raw cookie dough, egg

oodles, soft meringues

on pies, tiramisu, an

mousse

• Tres Leches

cakes/cupcakes

• Sesame Balls – rice flour

dough wrapped over a

filling of lotus paste or

red bean paste, the

ep fried and rolled i

esame seeds

• Final product decorate

or garnished with fresh

ut fruits, vegetables, or

meat

• Pizza

• Cake, brownies, bread

baked in a jar.

• Frozen doughs

• Kas Las Paus, Kalapao,

olaches, Tamales

• Fawn Kauv or Banh Cuon

• Flavored with alcohol

Sweet or quick

breads, cakes and

pies made with fresh

fruit, vegetables, or

cheese. Ex: banana,

carrot, pumpkin,

zucchini, sweet

potato cheddar may

Time/Temperature

Control for Safety

Foods.

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4. Frozen Products

Food Type

Allowed

Not-Allowed

Exceptions

Frozen Products

Final product pH ≤4.6 or a

≤0.85

amples:

• Fruit-based frozen

treats (i.e.,

popsicles, sorbet)

• Fruit-based

freezer jams

Note: Imported frozen berries

were identified as the source of

several viral outbreaks.

Outbreaks of both Norovirus and

Hepatitis A have been associated

with frozen berries. Boiling

berries for one minute prior to

make juice and then refreezing is

best practice to eliminate

pathogens.

• Frozen fruit and

vegetables

• Frozen uncooked

or partially

cooked bread

doughs, batters,

pies, etc.

• Ice milk, ice

cream, or ice

pops made with

dairy

• Non-dairy soft

serve

• Final products

with a pH>4.6 or

>0.85

5. Jams, Jellies, Preserves, Fruit Butters, Syrups

Food Type

Allowed

Not-Allowed

Exceptions

Jams, Jellies, Preserves, Fruit

Butters, Syrups

Final product pH ≤4.6 or a

≤0.85

Jam, Jelly, Preserve,

Marmalade, and Conserve,

Recipes can be found HERE.

Examples:

• C

onserves

• Apple Butter

• Fruit Syrup

• Sorghum

• Jam

• Jelly

• Pepper Jelly using

commercially dried

and ground pepper

• Marmalades

• Preserves

• Pumpkin,

squash, sweet

potato butters

• Refrigerator Jam

• Bacon jam

• Pepper jelly

containing

whole pieces of

pepper

• Products made

with reduced

sugar (sucrose)

or sugar

substitutes

• Products with a

final pH>4.6 or

>0.85

• Flavored with

alcohol

The Golden Pepper Jelly

recipe found HERE can

be used but cannot be

modified.

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6. Dried, Dehydrated, Roasted Products

Food Type

Allowed

Not-Allowed

Exceptions

Dried, Dehydrated, Roasted

Products

Final product a

value of

<0.85

(

Links provided below are

guidance and not required)

Examples:

• Baking mixes

• Dry Beans

• Coconut

• Coffee beans

• Dried Fruit

• Fruit Leathers

• Grains

• Granola, cereals,

and trail mixes

• Dried herbs

• Freeze-dried fruit,

vegetables, and

herbs

• Milled cornmeal,

flaxseed, etc.

• Mushrooms-only

use mushrooms

from a commercial

source. Wild

harvested

mushrooms not

allowed.

• Nut mixes

• Pasta noodles

without eggs

• Popcorn

• Potato

Chips

• Seasonings

• Seeds (i.e.

pumpkin,

sunflower, etc.

• Soup mixes (dry)

• Tea (dry)

• Tomatoes (dry)

• Tree nuts and

legumes (coated

and uncoated)

• Vegetable leathers

• Vegetable chips

• Dehydrated

vegetables

• Cooked tapioca

• Jerky made from

eat, poultry,

fish, or seafood

• Roasted/smoked

vegetables or

fruits (i.e

peppers,

carrots,

tomatoes, etc.)

• Freeze-dried

heesecake,

dairy, eggs, ice

cream, meat,

fish, seafood

and poultry

• Noodle soup-

Kaopia, Kh

iak Sen

• Nut Butters

• Dried noodles

with eggs

• Fresh, frozen, or

cooked pasta

• Popcorn/kettl

orn mad

onsite requires a

permit fro

ADH

• W

ild harveste

shrooms

• Products with a

final pH >4.6 or

>0.85

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7. Candy and Confections

Food Type

Allowed

Not-Allowed

Exceptions

Candy and Confections

Final product does not

require refrigeration for

food safety and has a

final a

≤0.85.

ncluding but not limited

to:

• Bon bons

• Brittle

• Caramels

• Chocolate

• Chocolate-covered

non-TCS Foods, suc

s: nuts, dried fruits,

uncut fruits and

berries,

marshmallows, a

pretzels

• Fudge

• Hard candy

• Popcorn balls

• Flavored with alcohol

with less than 5%

alcohol by volume per

A.C.A § 3-2-413

• Anything containing

un- or partially

cooked raw eggs

• Cream based filling

• Meat, poultry,

seafood, or

vegetable fillings

• Products with a pH

>4.6 or a a

>0.85

8. Hemp Foods

Food Type

Allowed

Not-Allowed

Exceptions

Hemp

• Foods manufactured

using hulled hemp

eeds, hemp seed

protein powder, a

hemp seed oil. These

oducts have bee

etermined to b

Generally Recognized

as Safe (GRAS) and ar

he only hem

products permitted for

use in food.

• Products made using

any hemp products

other than seeds

including hemp flowers

• Products containing

emp extract, CBD,

THC, or other hemp

derived compounds

See:

https://www.fda.gov/n

ews-events/public-

health-focus/fda-

regulation-cannabis-

and-cannabis-derived-

products-including-

cannabidiol-

cbd#extralabelanimals

ARKANSAS HOMEMADE FOOD PRODUCTION GUIDE

Page 18 of 20

9. Icings, Fillings, Frostings, Sugar Art, Toppings

Food Type

Allowed

Not-Allowed

Exceptions

Icings, Fillings, Frostings,

Sugar Art, Toppings

Final product has a pH ≤

4.6 or a

≤ 0.85

ncluding but not limited

to:

cings, Fillings, Frostings

• Buttercream

• Gumpaste

• Flat

• Fondant

• Fudge

• Glaze

• Royal icing

ugar Art

• Cake toppers

• Cupcake toppers

• Modeling Chocolate

figurines

• Sugar Flowers

• Edible images printed

on icing/wafer sheets

oppings

• Stabilized commercial

non-dairy whip cream

products

• Dried or freeze-drie

uit

• Edible Flowers

• Herbs like lavender

and mint

• Whole fruit

• Fruit peels or zest

• Eggs, cream, milk, or

cream cheese based;

unless final product

using these

ingredients is

documented as being

a Non-TCS Food

• Cut Fruits and Melon

• Products with a pH

>4.6 or a

> 0.85

ARKANSAS HOMEMADE FOOD PRODUCTION GUIDE

Page 19 of 20

Food Freedom Act Quick Reference

FOODS PRODUCED UNDER

THE FOOD FREEDOM ACT…

MAY BE

MUST BE

SHOULD BE

MAY NOT BE

Produced in a home kitchen

Acid and acidified fruit and

vegetable products that have

been heat treated in a hot water

bath or an approved hot fill

process

Tested with a pH meter to ensure

pH of final product is below 4.6 if

acid or acidified foods are made

without using ADH approved or

lab approved processes

Tested with a pH meter to ensure

pH of final product is below 4.6 if

acid or acidified foods are made

using ADH approved or lab

approved processes.

Sold at a Farmer’s Market

Sold via the internet

Sold from the home, ranch, or

farm where produced

Sold to restaurants

Sold to grocery stores or other

retail stores

Sold to someone other than the

end consumer

Labeled with name, address, and

telephone number (or ID

number), date produced,

ingredients, disclosure statement

Sold with a disclosure statement

on sign or placard at point of sale

Shipped using a commercial

carrier

ARKANSAS HOMEMADE FOOD PRODUCTION GUIDE

Page 20 of 20