Applicability — Preemption.
Ark. Code Ann. § 20-57-507
in effect(a) This subchapter does not:
(1) Impede the Department of Health in any investigation of food-borne illness;
(2) Change the requirements for brand inspection or animal health inspections;
(3) Preclude an agency from providing assistance, consultation, or inspection, at the request of the producer;
(4) Preclude the production or sale of food items otherwise allowed by law, including without limitation incidental sales of milk that has not been pasteurized under § 20-59-248;
(5) Change the regulation of other goods and services where homemade food or drink products are also produced or sold;
(6) Exempt producers or sellers of homemade food or drink products from any applicable:
(A) Tax law;
(B) Fishing or hunting law;
(C) Federal law, including any federal law prohibiting the sale of certain food items in interstate commerce; or
(D) Another state's laws; or
(7) Conflict with the authority of the department to ensure food is not adulterated or misbranded under the Food, Drug, and Cosmetic Act, § 20-56-201 et seq.
(b) This subchapter preempts county, municipal, and other political subdivision jurisdictions from prohibiting and regulating the production and sale of homemade food or drink products.
Source: Arkansas General Assembly, Acts of 2021-2026 (arkleg.state.ar.us)URL: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=1040.pdf&ddBienniumSession=2021%2F2021RFetched: 11/8/2026