Regulation of Food Generally

Ark. Code Ann. tit. 20, ch. 57

in effect

Ark. Code Ann. § 20-57-101 Sale, importation, etc., of certain food prohibited.

(a) Whoever shall knowingly sell or offer or expose for sale, or bring or cause to be brought into this state to sell or offer for sale, or shall have in his, her, or their possession with intent to sell for food, the flesh of any animal dying otherwise than by slaughter, or slaughtered when diseased, or shall sell or offer for sale the flesh purported to be of one animal, knowing it to be of another species, or shall offer for sale or sell any tainted, diseased, corrupted, decayed, or unwholesome meat, fish, fowl, vegetable, produce, or provision of any kind whatever without making this fully known to the purchaser, or shall sell or offer to sell the meat of any calf which was killed before it had attained the age of six (6) weeks, shall be deemed guilty of a misdemeanor. (b) Upon conviction, the person shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six (6) months.

Ark. Code Ann. § 20-57-102 Salvage of food — Definitions.

(a) As used in this section, unless the context otherwise requires: (1) “Food salvage distributor” means a person, firm, or corporation that engages in the business of distributing, peddling, or otherwise trafficking in any salvaged products enumerated in the definition of a food salvager; and (2) “Food salvager” means a person, firm, or corporation engaged in the business of reconditioning, labeling, relabeling, repackaging, recoopering, sorting, cleaning, culling, or by other means salvaging items and who sells, offers for sale, or distributes for human or animal consumption any salvaged food, beverage, including beer, wine and distilled spirits, vitamin, food supplement, dentifrice, drug, cosmetic, single-service food container or utensil, soda straws, paper napkins, or any other product of a similar nature that has been damaged or contaminated by fire, water, smoke, chemicals, transit, or by any other means. (b)(1) Food salvagers and food salvage distributors located in or operating in Arkansas shall obtain a permit from the Department of Health upon payment of a fee of one hundred fifty dollars ($150) as a condition of the right to carry on the business. (2) Permits issued under this section shall not be transferable and shall be renewed annually. (3) The department may issue permits for less than one (1) year. The cost of the permits shall be based upon the number of months the permit is valid divided by twelve (12) months multiplied by the annual permit fee. (c) The State Board of Health is empowered to promulgate and enforce reasonable rules in order to assure that salvaged foods are safe for human or animal consumption, as the case may be. (d) It shall be the duty of the Division of Environmental Health Protection of the Department of Health to administer the provisions of this section and the rules pursuant to it. (e) All fees levied and collected under the provisions of this section are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund. (f)(1) A person who violates a provision of this section or a rule pursuant to it shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100) or shall be sentenced to imprisonment for not more than thirty (30) days, or both fine and imprisonment. (2) Each day on which a violation of this section occurs or continues constitutes a separate offense and shall be punished accordingly. (g) Subject to the rules which may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department is authorized to transfer all unexpended funds relative to the food salvager's permit that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Ark. Code Ann. § 20-57-104 Food safety — Definition.

(a) Employees of food service establishments shall keep their hands and exposed portions of their arms clean in a manner approved by the Department of Health. (b)(1) Except when washing fruits and vegetables, employees of food service establishments shall avoid contact of exposed ready-to-eat food with their hands by use of suitable utensils such as deli tissue, spatulas, tongs, or single-use gloves, or they shall wash their hands and exposed portions of their arms utilizing a hand-washing program approved by the department. (2) Employees shall minimize bare-hand and bare-arm contact with exposed food that is not in a ready-to-eat form. (c)(1) Within thirty (30) days of August 13, 2001, the department shall initiate a full review of the current version of the United States Food and Drug Administration Food Code. (2) The department shall report its findings to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. (d) As used in this section, “food service establishment” means any: (1) Fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, soda fountain, sandwich shop, hotel kitchen, smorgasbord, tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, school lunch project, private, public, or nonprofit organization or institution routinely serving the public, catering kitchen, commissary, or similar place in which the food or drink is prepared for sale or for service on the premises or elsewhere; (2) Grocery store, delicatessen, meat market, retail bakery, or other establishment which sells or otherwise provides food for immediate or on-premise consumption, regardless of whether serving food for immediate consumption is the primary activity of the business; and (3) Other eating and drinking establishment where food is served or provided for the public with or without charge.

Ark. Code Ann. § 20-57-105 Arkansas Good Neighbor Act — Food donation liability and immunity — Definitions.

(a) This section shall be known and may be cited as the "Arkansas Good Neighbor Act". (b) As used in this section: (1) "Food" means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption; (2) “Food product” means any substance in liquid, concentrated, solid, frozen, dried, dehydrated, or other form that is sold for ingestion or chewing by humans and is consumed for its taste, nutritional value, or both; (3) “Gleaner” means a person who harvests an agriculture crop that has been donated by the owner for: (A) Free distribution to people; or (B) Donation to a church, religious organization, or other nonprofit organization for ultimate distribution to people; and (4)(A) “Person” means an individual, corporation, partnership, organization, association, or governmental entity. (B) "Person" includes: (i) A retail grocer, wholesaler, hotel, motel, restaurant, caterer, farmer, nonprofit food distributor, school, church, religious organization, or hospital; and (ii) An officer, director, partner, deacon, trustee, council member, or other elected or appointed individual responsible for the governance of a corporation, partnership, organization, association, or governmental entity. (c)(1) If a food or food product donated by a person or gleaner to a church, religious organization, or other nonprofit organization for the purpose of consumption by individuals the church, religious organization, or other nonprofit organization serves does not meet consumer safety standards imposed by federal, state, or local laws, rules or regulations or is not readily marketable due to appearance, freshness, grade, surplus, or other conditions, the person or the gleaner who donates the food or food product is not subject to civil or criminal liability if the person or gleaner: (A) Makes the donation in good faith; and (B) Informs the church, religious organization, or other nonprofit organization of the condition of the food or food product at the time of donation to the best of his or her knowledge. (2) If a food or food product donated to and distributed by a church, religious organization, or other nonprofit organization for the purpose of consumption by individuals the church, religious organization, or other nonprofit organization serves does not meet consumer safety standards imposed by federal law or regulation or state law or rule, or is not readily marketable due to appearance, freshness, grade, surplus, or other conditions, the church, religious organization, or other nonprofit organization is not subject to civil or criminal liability if the church, religious organization, or other nonprofit organization: (A) Distributes the food or food product in good faith; and (B) Informs the individuals who receive the food or food product of the condition of the food or food product at the time of serving or distribution to the best of the church's, religious organization's, or other nonprofit's knowledge. (d) This section does not restrict: (1) Criminal or civil liability that is a direct result of gross negligence, recklessness, or intentional misconduct; or (2) The authority of any appropriate agency to regulate or ban the use of a food or food product that is known to not be fit for human consumption. (e) All producers or distributors of food or food products that are licensed or permitted by the state shall be provided notice of the food donation liability and immunity under this section.

Ark. Code Ann. § 20-57-203 Secretary of the Department of Health — Powers and duties.

The Secretary of the Department of Health shall have: (1) Power and authority to prevent the proliferation of infections, contagious, and communicable diseases resulting from unsanitary food service operations; and (2) Direction and control over all sanitary and quarantine measures for dealing with all such diseases within the state and to suppress the diseases and prevent their spread.

Ark. Code Ann. § 20-57-204 Permit required.

(a) No food service establishment shall be allowed to operate unless it has procured a food establishment permit from the Division of Environmental Health Protection of the Department of Health. (b)(1) Permits issued under this section, §§ 20-57-201, 20-57-202 [repealed], 20-57-203, and 20-57-205 are not transferable, shall be renewed annually, and shall expire one (1) year after issuance or at a time specified by the Department of Health. (2) A late fee equal to one-half (½) of the renewal fee for any type of food service establishment shall be charged to renew a permit sixty (60) days after the expiration date. (c) Any food service establishment may obtain a food service permit by paying an annual permit fee of thirty-five dollars ($35.00) to the department and by meeting the minimum requirements established by the applicable rules. (d) Each distinctively separate food establishment type and class as defined in §§ 20-57-201, 20-57-202 [repealed], 20-57-203 — 20-57-205 shall be required to procure a permit for that type or class per each location not to exceed a total of one hundred five dollars ($105). (e)(1) A temporary food establishment permit shall be procured from the division by any temporary facility operating at a fixed location for a period of not more than fourteen (14) consecutive days in conjunction with a single event or celebration. (2) A fee of five dollars ($5.00) shall be charged per day for each temporary food establishment permit. (f) Public school cafeterias shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the State Board of Health. (g) Nonprofit organizations that sell food on a temporary basis for fund-raising events shall be exempt from payment of the permit fee but shall submit to inspection pursuant to the rules of the board. (h) The following shall not be required to obtain permits, pay fees, or submit to inspections by the department but may seek the advice and assistance of the department: (1) Potluck suppers; (2) Community picnics; or (3) Other group gatherings where food is served but not sold. (i) Any retail food store having gross sales of less than one hundred fifty thousand dollars ($150,000) must obtain a food service permit but shall be exempt from payment of the permit fee. (j) Any bottler of water that is not a resident of this state shall obtain a permit from the department in order to sell its bottled water within this state. The bottler shall submit to the department annually a bacteriological analysis conducted by a laboratory approved by the department, a certificate of operation from the bottler's resident state, and a permit fee of fifty dollars ($50.00).

Ark. Code Ann. § 20-57-205 Disposition of funds.

(a) All fees levied and collected under the provisions of §§ 20-57-102 and 20-57-204 are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund to be used exclusively by the Division of Environmental Health Protection of the Department of Health for personnel, equipment, and training of sanitarians and food service industry personnel. (b) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to the food service program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Ark. Code Ann. § 20-57-206 Duplicate fees not required.

A food service establishment which holds a current food service permit issued by the Division of Environmental Health Protection of the Department of Health under the provisions of §§ 20-57-102 and 20-57-201 , 20-57-202 [repealed], 20-57-203 — 20-57-205 shall not be required to pay a fee or obtain a permit under the provisions of §§ 20-59-206 — 20-59-211 .

Ark. Code Ann. § 20-57-207 Prevention of choking — Nonliability.

(a) The Secretary of the Department of Health shall study and approve instructions detailing first aid techniques and a poster diagramming first aid techniques designed and intended for use by a person without medical training in removing food which has become lodged in the throat of a choking victim. (b) The secretary shall publish the approved instructions and poster and make them available to each food service operation in the state. (c) Each food service operation shall post the instructions and the poster in places conspicuous to persons employed by or connected with the management of the food service operation in order that persons may become familiar with the techniques and may consult the instructions to provide relief to a choking victim. (d) Failure of a food service operation to post the instructions and the poster as required by this section shall not subject the food service operation, any of its employees, or any persons connected with its management to any criminal penalty or to civil liability in an action for damages for personal injury or wrongful death arising from any choking emergency. (e) Nothing in this section shall impose or be construed to impose a duty or obligation upon any food service operation, any of its employees, any person connected with its management, or any other person to remove, attempt to remove, or assist in removing food which has been lodged in the throat of a choking victim. (f) No food service operation, employee of a food service operation, nor person connected with its management, nor any other person shall be liable in any civil action for damages for personal injury or wrongful death for not removing, not attempting to remove, or not assisting in the removal of food which has become lodged in the throat of a choking victim. (g) No food service operation, employee of a food service operation, person connected with its management, nor any other person shall be liable in any civil action for damages for personal injury or wrongful death for any acts or omissions of any individual removing, attempting to remove, or assisting in the removal of food lodged in the throat of a choking victim in accordance with instructions supplied by the secretary.

Ark. Code Ann. § 20-57-208 Classification by letter grades — Definition.

(a) As used in this section, “food service establishment” means any restaurant, cafe, cafeteria, soda fountain, hotel kitchen, tavern, industrial feeding establishment, school lunchroom, grocery store, hospital kitchen, nursing home kitchen, and any private, public, or nonprofit organization or institution regularly selling or serving food to the public, or any other place in which food is regularly prepared or offered for sale whether for consumption on or off the premises. (b) Neither the Department of Health nor any city or county department of health shall continue to classify food service establishments by letter grades on the basis of compliance with state, city, or county sanitary regulations.

Ark. Code Ann. § 20-57-301 Title.

This subchapter may be cited as the “Flour and Bread Enrichment Act”.

Ark. Code Ann. § 20-57-302 Definitions.

As used in this subchapter, unless the context otherwise requires: (1) “Appropriate federal agency” means the United States Food and Drug Administration or any agency or department or administrative federal officer charged with the enforcement and administration of the Federal Food, Drug, and Cosmetic Act; (2) “Bread” shall include all yeast-raised commercial bakery products, made wholly or partly from wheat flour but excludes products containing no wheat flour or products made from one hundred percent (100%) whole wheat flour and also excludes all biscuits and crackers; (3) “Enrichment” as applied to flour or bread means the addition thereto of vitamins and other ingredients of the nature required by this subchapter, and the term “enriched flour” as defined by the United States Food and Drug Administration, 6 Fed. Reg. 2579 (1941) and 8 Fed. Reg. 2772 (1941), and “enriched bread”, 6 Fed. Reg. 2772 (1941) and 8 Fed. Reg. 10785 (1943), means flour or bread which has been enriched to conform with the requirements of this subchapter; (4) “Flour” includes and shall be limited to flour of every kind and description, made wholly or partly from wheat, which conforms to the definition and standard of identity of flour including white flour, wheat flour, and plain flour as promulgated by the United States Food and Drug Administration, 6 Fed. Reg. 2754 (1941), but excluding whole wheat flour made only from the whole wheat berry with no part thereof removed and also excluding special packaged flours not used for bread baking such as cake, pancake, cracker, and pastry flours; and (5) “Person” means an individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization.

Ark. Code Ann. § 20-57-303 Applicability.

(a) The terms of this subchapter shall not apply to flour or bread which is made from the entire wheat berry with no parts of the wheat removed from the mixture. In cases of flour or bread containing mixtures of the whole wheat berry and white flour or mixtures of various portions of the wheat berry, the products shall have a vitamin and mineral potency at least equal to enriched flour or enriched bread as described in this subchapter. (b) The terms of this subchapter shall not apply to flour ground for the wheat producer whereby the miller is paid in wheat or feed for the grinding service rendered, except insofar as the mill may manufacture tollwheat into flour and sell or offer for sale the flour, whereupon this subchapter shall be applicable. (c) The provisions of this subchapter shall not apply to farmers exchanging their wheat for flour or having the wheat ground into flour and disposing of the wheat for their own use or for the use of farm labor on their farms.

Ark. Code Ann. § 20-57-304 Penalty.

Any person who violates any of the provisions of this subchapter, or the orders or rules promulgated by the Secretary of the Department of Health under authority thereof, shall upon conviction be subject to a fine for each and every offense in a sum not exceeding five hundred dollars ($500) or to imprisonment for not more than six (6) months, or both fine and imprisonment.

Ark. Code Ann. § 20-57-305 Powers and duties of State Board of Health and Secretary of the Department of Health.

(a) The State Board of Health is authorized as the administrative agency and is directed: (1) To make, amend, and rescind such rules as may be necessary to carry out the provisions of this subchapter, including, but without being limited to, such orders and rules as it is specifically authorized and directed to make; (2) From time to time to adopt such rules changing or adding to the required ingredients for flour or bread specified in §§ 20-57-302, 20-57-303, and 20-57-306 as shall be necessary to conform to the definitions and standard of identity of enriched flour and enriched bread from time to time promulgated by the appropriate federal agency pursuant to the Federal Food, Drug, and Cosmetic Act. (b) All orders and rules adopted by the board pursuant to this subchapter shall be published in the manner prescribed in subsection (c) of this section and, within the limits specified by this subchapter, shall become effective upon such date as the Secretary of the Department of Health shall fix. (c) Whenever under this subchapter publication of any notice, order, or rule is required, the publication shall be made at least three (3) times in ten (10) days in newspapers of general circulation in three (3) different sections of the state. (d)(1) The secretary is authorized to collect samples for analysis and to conduct examinations and investigations for the purposes of this subchapter through any officers or employees under his or her supervision. (2) All officers and employees shall have authority to enter and inspect any factory, mill, warehouse, shop, or establishment where flour or bread is manufactured, processed, packed, sold, or held or any vehicle and any flour or bread therein, and all pertinent equipment, materials, containers, and labeling.

Ark. Code Ann. § 20-57-306 Vitamins and other ingredients — Flour.

(a)(1) It shall be unlawful for any person to manufacture, mix, compound, sell, or offer for sale within this state or to ship into this state for human consumption in this state any flour, as defined in § 20-57-302, unless the following vitamins and other ingredients are contained in each pound of flour: (A) Not less than two milligrams (2 mg) of vitamin B1 (thiamin); (B) Not less than one and two-tenths milligrams (1.2 mg) of riboflavin; (C) Not less than sixteen milligrams (16 mg) of niacin (nicotinic acid) or nicotinic acid amide (niacin amide); and (D) Not less than thirteen milligrams (13 mg) of iron (Fe). (2) In addition to the above ingredients, the enrichment of self-rising flour requires not less than five hundred milligrams (500 mg) of calcium. (b) The ingredients and amounts listed in subsection (a) of this section are in accordance with the definition of enriched flour as promulgated by the United States Food and Drug Administration, 21 C.F.R. § 137.165. (c) The enrichment of flour shall be accomplished by a milling process, addition of vitamins from natural or synthetic sources, addition of minerals, by a combination of these methods, or by any method which is permitted by the United States Food and Drug Administration with respect to flour introduced into interstate commerce. (d) The Secretary of the Department of Health is empowered with the authority and directed to change, or add to, the specifications for ingredients and the amounts thereof required to conform to the federal definition of enriched flour when promulgated or as may from time to time be amended. (e) Iron shall be added only in forms which are assimilable and harmless and which do not impair the enriched flour. (f)(1) The terms of this section shall not apply to flour sold to distributors, bakers, or other processors if the purchaser furnishes to the seller a certificate in such form as the secretary shall by rule prescribe, certifying that the flour will be: (A) Resold to a distributor, baker, or other processor; (B) Used in the manufacture, mixing, or compounding of flour, white bread, or rolls enriched to meet the requirements of this subchapter; or (C) Used in the manufacture of products other than flour, white bread, or rolls. (2) It shall be unlawful for any purchaser so furnishing any such certificate to use or resell the flour so purchased in any manner other than as prescribed in this section.

Ark. Code Ann. § 20-57-307 Vitamins and other ingredients — Bread.

(a) It shall be unlawful for any person to manufacture, bake, sell, or offer for sale, or to receive in interstate shipment for sale for human consumption in this state, any bread, as defined in § 20-57-302, unless the following vitamins and other ingredients are contained in each pound of the bread: (1) Not less than one and one-tenth milligram (1.1 mg) of Vitamin B1 (thiamin); (2) Not less than seven-tenths milligram (0.7 mg) of riboflavin; (3) Not less than ten milligrams (10.0 mg) of niacin (nicotinic acid) or nicotinic acid amide (niacin amide); and (4) Not less than ten milligrams (10.0 mg) of iron (Fe). (b) These ingredients and amounts are in accordance with the definition of enriched bread as promulgated by the United States Food and Drug Administration, 21 C.F.R. § 136.115.

Ark. Code Ann. § 20-57-308 Method of enrichment — Bread.

The enrichment of bread may be accomplished through the use of enriched flour, other enriched ingredients, synthetic vitamins, harmless iron salts, or by any combination of harmless methods which will produce enriched bread which meets the requirements of § 20-57-306 .

Ark. Code Ann. § 20-57-309 Labeling — Bread and flour.

It shall be unlawful to sell or offer for sale in this state any enriched flour or enriched bread which fails to conform to the labeling of the Federal Food, Drug, and Cosmetic Act and the regulations promulgated thereunder by the appropriate agency with respect to flour or bread introduced into interstate commerce.

Ark. Code Ann. § 20-57-401 Kosher foods.

A person is guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars ($500) or by imprisonment of not less than thirty (30) days or not more than six (6) months, in the discretion of the court, who: (1) Shall sell or expose for sale in any restaurant, delicatessen, hotel, or other place where food products are sold, any article of food falsely represented as kosher either by direct statements orally or in writing, or by the display of the word “kosher” in English or Hebrew letters, by the display of any sign or mark in simulation of the word, or by the display of any insignia, six-pointed star, or any mark which might reasonably be calculated to deceive or lead a reasonable person to believe that a representation is being made that the food exposed for sale, or sold, is kosher or is prepared in accordance with the Orthodox Hebrew religious requirements; (2) With intent to defraud, sells or exposes for sale any meat or meat preparations and falsely represents the product to be kosher, whether the meat preparations are raw or prepared for human consumption, or as having been prepared under, and of products sanctioned by, the Orthodox Hebrew religious requirements, or who falsely represents any food product or the contents of any package or contained in a container to be so constituted and prepared by having or permitting to be inscribed upon it the word “kosher” in any language; or (3) Sells or exposes for sale in the same place of business both kosher and nonkosher meat or meat preparations, either raw or prepared for human consumption, and who fails to indicate on his or her window signs and all display advertisements, in black letters at least four inches (4") in height: “KOSHER AND NONKOSHER MEAT SOLD HERE”, or who exposes for sale in any show window or place of business both kosher and nonkosher meat or meat preparations either raw or prepared for human consumption, and who fails to display over each kind of meat or meat preparations so exposed a sign in black letters at least four inches (4") in height, reading: “KOSHER” and “NONKOSHER” as the case may be.

Ark. Code Ann. § 20-57-402 Honey.

(a) Unless the product is pure honey manufactured by honeybees, it is unlawful for any person to: (1) Package any product and label the product as “honey” or “imitation honey” or to use the word “honey” in any prominent location on the label of the product; or (2) Sell or offer for sale any product that is labeled “honey” or “imitation honey” or which contains a label with the word “honey” prominently displayed thereon. (b)(1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each violation shall constitute a separate offense.

Ark. Code Ann. § 20-57-501 Title.

This subchapter shall be known and may be cited as the "Food Freedom Act".

Ark. Code Ann. § 20-57-502 Purpose.

The purpose of this subchapter is to allow for a producer’s production and sale of homemade food or drink products for an informed end consumer and to encourage the expansion of agricultural sales at farmers' markets, ranches, farms, and producers’ homes or offices by: (1) Facilitating the purchase and consumption of fresh and local agricultural products; (2) Enhancing the agricultural economy; and (3) Providing citizens of Arkansas with unimpeded access to healthy food and drink products from known sources.

Ark. Code Ann. § 20-57-503 Definitions.

As used in this subchapter: (1)(A) “Delivery” means the transfer of a homemade food or drink product resulting from a transaction between a producer and an informed end consumer. (B) "Delivery" includes the transfer of a homemade food or drink product to an informed end consumer by the producer or producer’s designated agent at a farm, ranch, farmers' market, home, office, or any location permitted under this subchapter or agreed to between the producer and the informed end consumer; (2) “Farmers' market” means a common facility or area where several vendors may gather on a regular, recurring basis to sell a variety of fresh fruits and vegetables, locally grown farm products, and other items permitted under this subchapter directly to consumers; (3) “Homemade food or drink product” means a food or drink product that is processed at the private residence of the producer, including a farm or ranch where the producer resides, that is exempt from state licensure, inspection, certification, and packaging and labeling requirements, and that is non-time/temperature control for safety food; (4) “Informed end consumer” means a person who: (A) Is the last person to purchase any homemade food or drink product; (B) Does not resell the homemade food or drink product; and (C) Has been informed that the homemade food or drink product: (i) Is not regulated, inspected, certified, or subject to state packaging or labeling requirements; and (ii) Has not been processed in a facility that is subject to state licensing, permitting, inspection, or regulation; (5)(A) "Non-time/temperature control for safety food" means food that does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation and as defined in the rules of the Department of Health. (B) "Non-time/temperature control for safety food" includes without limitation pickled cucumbers and other acidified vegetables that have an equilibrium pH of 4.6 or less if: (i)(a) The recipe: (1) Is from a source approved by the department; or (2) Has been tested by an appropriately certified laboratory that confirmed the finished product has an equilibrium pH value of 4.6 or less, (b) If a recipe is not as described in subdivision (5)(B)(i)(a), the producer shall test each batch of the recipe with a calibrated pH meter to confirm the finished product has an equilibrium pH value of 4.6 or less; (ii) The batch is labelled with a unique number; and (iii) The producer maintains records that include: (a) The batch number; (b) The recipe used by the producer; (c) The source of the recipe or testing results if applicable; and (d) The date that the batch was prepared; (6) “Process” means operations a producer performs in the preparing, producing, or processing of the producer’s homemade food or drink products and includes cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing, and raising; (7) “Producer” means a person who processes homemade food or drink products on the person’s private residence; (8)(A) "Time/temperature control for safety food" means food that requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation and as defined in the rules of the department. (B) "Time/temperature control for safety food" includes: (i) An animal food that is raw or heat treated; (ii) Food of plant origin that is heat treated or consists of raw seed sprouts; (iii) Cut leafy greens; (iv) Cut tomatoes or mixtures of cut tomatoes; and (v) Garlic-in-oil mixtures; and (9) "Transaction" means the exchange of buying and selling in person, by telephone or online, and the delivery of the homemade food or drink product.

Ark. Code Ann. § 20-57-504 Food freedom.

(a) Unless otherwise provided in this section, homemade food or drink products produced and sold in compliance with this subchapter are exempt from state licensure, certification, inspection, and packaging and labeling requirements. (b) A transaction under this subchapter shall: (1)(A) Be directly between the seller and the informed end consumer. (B) The seller of a homemade food or drink product may be the producer of the homemade food or drink product, an agent of the producer, or a third-party vendor, including a retail shop or grocery store; (2) Occur in Arkansas or in another state if the seller complies with all applicable federal laws; (3) Not involve the sale of meat, poultry, seafood, or time/temperature control for safety food products; (4) Be delivered by the producer, agent of the producer, third- party vendor, or third-party carrier to the informed end consumer; and (5) Satisfy the disclosure requirements in § 20-57-505.

Ark. Code Ann. § 20-57-505 Disclosures.

(a) The following information shall be provided to the informed end consumer as described in subsection (b) of this section: (1) The date that the homemade food or drink product was manufactured, produced, or processed; (2) The name, address, and telephone number of the producer of the homemade food or drink product, or an identification number provided by the Department of Agriculture if requested by the producer to protect the producer's safety; (3) The common or usual name of the homemade food or drink product; (4) The ingredients of the homemade food or drink product in descending order of predominance; and (5) The following statement: "This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens." (b) The information required under subsection (a) of this section shall be provided on: (1) A label affixed to the: (A) Package if the homemade food or drink product is packaged; or (B) Container and a separate written document provided to the informed end consumer upon sale if the homemade food or drink product is offered for sale from a bulk container; (2) A placard displayed at the point of sale if the homemade food or drink product is not packaged or offered for sale from a bulk container; or (3) The website on which the homemade food or drink product is offered for sale if the product is offered for sale online.

Ark. Code Ann. § 20-57-506 Exemption — Location sold.

(a) Except as provided in this subchapter, a homemade food or drink product shall not be sold or used in any food service establishment. (b) A homemade food or drink product may be sold: (1) From a retail space located at the ranch, farm, home, or office where the homemade food or drink product is produced; or (2) At a retail location of a third-party vendor of the homemade food or drink product. (c) A seller who is operating in a retail space or location that also sells food and drink made in a licensed food service establishment shall keep homemade food or drink products separate from the items prepared or processed in the licensed food service establishment.

Ark. Code Ann. § 20-57-507 Applicability — Preemption.

(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: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026