Regulatory Assistance

Food Production: What you need to know

  1. Commercially manufactured food is any food that is produced and packaged by a company in a licensed and inspected facility and is intended for larger distribution and potential storage.
  2. Home Manufactured food is any food produced in an uninspected unregulated home kitchen under the Arkansas Food Freedom Act and is intended for sale to the public.

  1. TCS food requires time and temperature controls to maintain food safety. TCS food is perishable and requires specific time and temperature controls to be implemented to prevent growth of harmful bacteria and or pathogens that can cause foodborne illnesses.
  2. Non-TCS food does not require time and temperature controls to be implemented to prevent the growth of harmful bacteria and or pathogens that can cause foodborne illnesses. Non-TCS food is shelf stable and does not require time or temperature controls to maintain food safety.

  1. Commercially manufactured food can be sold in retail stores and restaurants. It can be used as ingredients in recipes within restaurants and other food service establishments.  Commercially manufactured food can be sold wholesale and resold by the buyer.
  2. Home manufactured food can be sold directly to an informed end consumer, from a retail space where the food was produced, and third-party retail locations. Home manufactured food cannot be sold to a restaurant or other entity for use as a recipe ingredient to be sold to the public.  It also cannot be sold wholesale to an entity with the intent of being sold.

  1. Retail Food Establishments. This program consists of plan reviews, pre-opening inspections, permits, routine inspections of food service establishments, complaint investigations and food safety education.  Food service establishments include but are not limited to restaurants, bars, schools, convenience stores, concession stands food trucks and hospitals.
  2. Commercial Food Manufacturing Facilities. This program consists of food safety plan reviews, pre-opening inspections, annual routine inspections, and necessary follow-up inspections for food manufacturers / distributors within the state.  This program evaluates the condition of product, the equipment, the manufacturing process, hygienic practices, sanitation, product labeling and issuing permits.
  • Home Food Production. This is food or drink that does not require refrigeration to maintain food safety standards and are produced in the private residence of the producer. Products made here are exempt from government regulation and inspection.  However, the home food producer assumes all of the food safety liability and must be diligent with respect to sanitation, safe handling and storage.
  1. Food Protection Inspection – Arkansas Department of Health. For information concerning food manufacturing in Arkansas go to: healthy.arkansas.gov/programs-services/public-health-safety/food-protection-inspection-portal/

 

Homebased Manufacturing

Act 1040 of 2021, also known as the Arkansas Food Freedom Act, replaced the Arkansas Cottage Food Law.  It went into effect on July 28, 2021, and allowed for the direct sales of homemade non-TCS foods to the public.  The act expanded the homebased food production to include many foods that was not allowed under the old cottage food law.  The Arkansas Food Freedom Act does not exempt home based good producers for the Federal Food, Drug and Cosmetic act.  All products must be unadulterated and properly labeled.  The associated Homemade Food Production Guidelines document provides additional guidance on what foods can be produced and the methods of production allowed under the Arkansas Food Freedom Act.  Homemade foods are defined as food or drink do not require refrigeration to prevent the growth of microorganisms and are produced in a private residence.  Examples of homemade foods are bakery items, jams, jellies, honey products, and pickled products.  Please see the Homemade Food Production Guidelines for a more throughout listing of approved foods.  However, products made with sugar substitutes such as Splenda are not covered by the Arkansas Food Freedom Act and must be made in a commercial facility.
 

This guide was developed to provide standards, guidelines and consistent information to food vendors and regulators.  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.  The Arkansas Homemade Food Guidelines lists the products and processes that are compliant and are allowed to be produced in a home kitchen and sold to the public as well as those that must be produced in a commercially inspected facility.  The guide also defines several important terms such as what an informed end consumer is and what a TCS Food and Non-TCS food is.  The guidelines establishes where the homemade food can be sold, displayed, and labeled and how the producer is to be identified and able to be contacted.
 

When producing products from home, recipe ingredient requirements will greatly increase.  A producer must clearly define what is needed for each product recipe and if there are any certifications that must be adhered to, such as organic, non-GMO and kosher.  Next, identify the suppliers and what type of customers they serve.  Large suppliers like Sysco and Ben E. Keith serve commercial supplier but places like Sam’s and Costco serve all kinds of businesses. Local grocery stores and farm stops can supply needed ingredients.  Make sure to consider seasonal availability and quantities as much as price.  Try to negotiate pricing, terms and payment options up front.  This could help with cash flow and to not overpay for ingredients that may only be needed in small quantities.  When pricing products add packaging, labeling, labor, transportation to the equation.  The Share Grounds program can help by offering technical assistance for home producers.
 

When producing food out of a home kitchen for resale, prioritize sanitation and food safety principles. Set the workspace up to ensure efficiency in movement and flow.  Cross contamination and cross contact prevention methods must be utilized.  Maintain the workspace to ensure family and pets are not creating food safety hazards while producing.  Implement quality controls, standards, and develop SOPs to ensure product consistency throughout the batch and between batches.

 

Commercial Manufacturing 

In the State of Arkansas, commercial food processors must the Rules and Regulations / Good Manufacturing Practices set by the Arkansas Department of Health.  These regulations closely relate and mirror the FDA GMP’s provided by the US Federal Government.  Food producers that are classified as a commercial manufacturer have far more regulations and requirements to adhere to.  The payback is the ability to sell wholesale products and be used as ingredients in products that are to be resold.  The product can be shipped across state lines and can be made available in overseas markets.   The Share Grounds technical assistance program can help here by working alongside a food manufacturer to obtain the necessary permits to become a commercial food manufacturer.
 

The retail food code primarily applies to restaurants, bars, schools, grocery stores, hotels and hospitals just to name a few.  It is based off the FDA good manufacturing practices guidelines and then tailored to meet the needs of each state.  It establishes inspection criteria, operating, facility maintenance, training and permitting requirements.  The manufacturing food code follows the same path but is much more detailed.  The manufacturing food code regulation numbers coincides with the Federal Good Manufacturing Practices established by the Federal Food Drug Administration (FDA).  This code requires a food safety plan, recall plan, allergen control plan and SOPs to be documented and implemented prior to the start of operations.  It also requires permits be in place as well.  The manufactured food code focuses on the conditions of the product, the equipment, the manufacturing process, hygiene practices, sanitation and product labeling.  Both codes are very close in scope and functionality, one is focused on the immediate cook and serve retail and the other on large scale cooking and storeage for later sale. 
 

If you are a retailer, restaurant or hotel, contact the Arkansas Department of Health unit in your county.  This office will help you with the retail food code. If you are a food manufacturer or are in the process of becoming a food manufacturer, then you will contact the Wholesale/ Manufactured Foods department of the Arkansas Department of Health.  This department is in Little Rock and not in the county.