Foods you can and cannot sell in Arkansas

The short answer, and the one test behind it

You may sell baked goods, candy, jams, jellies, dried goods, roasted coffee, granola, most baked fruit pies, fruit leathers, vinegars, and honey or maple syrup you produce. You may not sell meat, poultry, seafood, dairy, sprouts, cut leafy greens, cut tomatoes, cut melons or garlic-in-oil.

Everything on both lists comes from one test: whether the food needs time or temperature control for safety. Shelf-stable foods pass. Anything that must be refrigerated or held hot to stay safe fails, and takes the permit route on the licensed kitchen page.

The lists below follow the Arkansas Department of Health's Homemade Food Production Guide, which sorts every category into allowed, not allowed and exceptions. The exceptions column is where the money questions live.

pH 4.6 or lessThe Arkansas Department of Health allows baked foods that need no refrigeration with a final pH of 4.6 or less and water activity of 0.85 or less, including cookies, breads and fruit pies. — Arkansas Department of Health, retrieved 2026-09-29

The Arkansas Department of Health prohibits homemade sale of meat, poultry, seafood, wild game, dairy, raw seed sprouts, cut leafy greens, cut tomatoes, cut melons and garlic-in-oil. — Arkansas Department of Health, retrieved 2026-09-29

Baked goods: what passes and what fails

Breads, biscuits, cakes, cookies, cupcakes, doughnuts, pastries, pretzels and fruit-filled pies are allowed, provided the finished product needs no refrigeration.

The failures are the refrigerated ones: cheesecake, custard and pudding fillings, cream and meringue pies, pumpkin and squash pies, tres leches cakes, and anything topped with fresh-cut fruit. Tamales, kolaches, pizza and cake baked in a jar fail too.

The one that surprises bakers most is the fresh-fruit exception. Banana, carrot, pumpkin and zucchini breads and pies may be sold, but the Department warns they can be TCS foods, so the specific recipe decides. Bake one, cool it, and if it must be refrigerated to be safe, it is off the exempt list.

The Arkansas Department of Health lists cheesecake, custard and pudding fillings, cream and meringue pies, pumpkin pie and tres leches among baked goods not allowed for homemade sale. — Arkansas Department of Health, retrieved 2026-09-29

The Arkansas Department of Health notes banana, carrot, pumpkin or zucchini breads and pies made with fresh fruit, vegetables or cheese may be TCS foods. — Arkansas Department of Health, retrieved 2026-09-29

Candy, condiments, jams and dried goods

Candy passes when the finished product needs no refrigeration and has a water activity of 0.85 or less: brittles, caramels, fudge, hard candy, chocolate, and chocolate over nuts, dried fruit or pretzels. Cream-based fillings fail.

Condiments pass with an equilibrium pH of 4.6 or less: barbecue sauce, ketchup, fruit salsas, spaghetti sauce without meat, taco sauce. Pesto, hummus and guacamole fail. Jams, jellies, preserves, marmalades and fruit butters pass at pH 4.6 or lower, but pumpkin and squash butters fail, and reduced-sugar or sugar-substitute versions are barred without testing.

Dried goods pass at a water activity above 0.85: baking mixes, dried fruit, fruit and vegetable leathers, granola, dried herbs, seeds, nut mixes and coffee beans. Jerky of any kind fails, and so do nut butters.

aw 0.85 or lessThe Arkansas Department of Health allows candy and confections that do not require refrigeration and have a final water activity of 0.85 or less, and prohibits cream-based fillings. — Arkansas Department of Health, retrieved 2026-09-29

The Arkansas Department of Health allows jam, jelly, marmalade and apple butter with a final pH of 4.6 or water activity of 0.85 or less, but prohibits pumpkin and squash butters. — Arkansas Department of Health, retrieved 2026-09-29

The Arkansas Department of Health allows jam, jelly, marmalade and apple butter with a final pH of 4.6 or water activity of 0.85 or less, but prohibits pumpkin and squash butters. — Arkansas Department of Health, retrieved 2026-09-29

The acidified category: pickles, salsas and tomatoes

Pickled cucumbers and acidified vegetables are the Act's conditional gift. They qualify as non-TCS only with an approved recipe, a lab-tested recipe, or per-batch pH testing at 4.6 or lower.

Tomatoes, tomato juice, tomato sauce and salsa appear on the allowed side only acidified: with bottled lemon juice, citric acid or vinegar. Green beans, beets, carrots, okra and relish pass as pickled products. Pickled eggs, meat and seafood fail outright.

The condition is real work, and it is a record-keeping obligation too. The pH testing page walks the recipe and meter routes, and the batch records page lists the four entries each batch needs.

pH 4.6 or lessThe Arkansas Department of Health allows acidified vegetables with an equilibrium pH of 4.6 or less as Homemade Non-TCS Food under Act 1040 of 2021, with an approved recipe or batch testing. — Arkansas Department of Health, retrieved 2026-09-29

The Arkansas Department of Health allows acidified vegetables with an equilibrium pH of 4.6 or less as Homemade Non-TCS Food under Act 1040 of 2021, with an approved recipe or batch testing. — Arkansas Department of Health, retrieved 2026-09-29

Beverages, frozen products and hemp

Packaged ready-to-drink teas, soft drinks, packaged lemonades, and heat-treated canned high-acid fruit juices pass. Alcoholic beverages, fresh-squeezed juice and cold brew coffee fail. Fruit ciders and tomato juice pass only when canned or pasteurized at 160°F for 6 seconds with constant stirring.

Frozen fruit treats, popsicles, sorbet and fruit-based freezer jams pass at pH 4.6 or lower. Anything frozen with dairy, and frozen uncooked doughs and batters, fail. Imported frozen berries carry a specific warning: they have sourced norovirus and hepatitis A outbreaks, and the Department recommends boiling berries one minute before juicing and refreezing.

Hemp is allowed only as hulled hemp seeds, hemp seed protein powder and hemp seed oil, which the Department recognizes as Generally Recognized as Safe. Hemp flowers, extracts, CBD and THC are prohibited for homemade sale.

160°F for 6 secondsThe Arkansas Department of Health allows fruit ciders and fruit juices, including tomato, only when canned or pasteurized, heating juice to 160°F for 6 seconds while stirring. — Arkansas Department of Health, retrieved 2026-09-29

The Arkansas Department of Health allows only hemp foods using hulled hemp seeds, hemp seed protein powder and hemp seed oil, and bars products containing CBD or THC. — Arkansas Department of Health, retrieved 2026-09-29

The Arkansas Department of Health notes imported frozen berries sourced norovirus and hepatitis A outbreaks, recommending a one-minute boil before juicing and refreezing. — Arkansas Department of Health, retrieved 2026-09-29

Three categories with traps in the fine print

Microgreens are allowed, but only if cut once at harvest after true leaves emerge. Sprouts with roots or undeveloped cotyledons are sprouts, and sprouts need a permit.

Whole, uncut fresh fruits and vegetables need no permit, and maple syrup, sorghum and honey pass, including creamed honey and honey flavored with dry non-TCS spices. Honey with TCS additives fails, and homemade vinegars may be sold but cannot be used to make pickles, because the acid percentage is unknown.

Raw milk sits outside this guide entirely. Arkansas Code § 20-59-248, amended by Act 698 of 2025, governs it, with its own signage, labeling and refrigeration rules. Ask your local health unit before touching it.

The Arkansas Department of Health allows microgreens cut once at harvest after true leaves emerge, while sprouts with roots or undeveloped cotyledons require a permit. — Arkansas Department of Health, retrieved 2026-09-29

The Arkansas Department of Health allows maple syrup, sorghum, honey and creamed honey, but not honey with TCS ingredients as additives or flavorings. — Arkansas Department of Health, retrieved 2026-09-29

Arkansas Code § 20-59-248The Arkansas Department of Health allows microgreens cut once at harvest after true leaves emerge, while sprouts with roots or undeveloped cotyledons require a permit. — Arkansas General Assembly (Act 698 of 2025), retrieved 2026-09-29

When your product is on the exceptions column

The exceptions column is not a soft yes. It is the Department saying the food type decides differently per recipe, and you should contact ADH about the risks.

Treat an exception as a stop sign. Call the environmental health specialist at your local health unit with your exact recipe, and write down the answer with the date. That note is your evidence if a market inspector or a county environmentalist ever questions the stall.

The guide's own instruction stands at the top: for any food item that does not fall into one of the categories, contact the Environmental Health Specialist at your Arkansas Department of Health Local Health Unit. It is the cheapest food-safety consultation you will ever get.

The Arkansas Department of Health's guide states foods in the Exceptions column need extra information, and producers should contact ADH about the risks. — Arkansas Department of Health, retrieved 2026-09-29

Questions