In Arkansas, the sale of Cottage Foods does not require a permit or license from the Arkansas Department of Health ("ADH").  According to section 20-57-201 of the Arkansas Code, a “Cottage Food Production Operation” means a person who produces food items in the person’s home that are not potentially hazardous foods, including without limitation:

• Bakery products
• Candy
• Fruit butter
• Jams
• Jellies
• Chocolate-covered fruit and berries that are not cut

Food items that are considered "potentially hazardous" do not qualify as a Cottage Food and, therefore, do require a permit or license to sell from the ADH.  These items include:

• Food items that must be kept refrigerated or hot to remain safe  (Examples: cheesecakes, Tres Leches cakes, cream or cheese filled items, cream pies, meringue pies, custard pies, items containing meat, and cream cheese based frostings or fillings.)
• Food items made with splenda and similar sugar substitutes