Selling Dog Treats in Arkansas

by Kristin Higgins - February 16, 2024

Fans of making and selling homemade dog treats in Arkansas often reach out to the Public Policy Center for regulatory information. Our response often comes as a surprise.

The Food Freedom Act in Arkansas, often called a cottage food law, does not apply to canine treats. The law guides food intended for human consumption, which until the passage of a previous cottage food law in Arkansas meant every food item for sale had to be made in a health department-inspected kitchen.

Act 1040 of 2021 allows the sale of homemade “non-time/temperature control for safety food” without it being processed in a certified and inspected kitchen. Harmful bacteria do not grow easily on these kinds of food so they do not need to be kept hot or cold for their safety.

People in the food industry often call these shelf-stable products a “Non-TCS” food. Examples of Non-TCS foods include most items that fell under Arkansas’ old Cottage Food law: baked goods, candies, jam and jellies that use real sugars.

Additionally, pickles, some salsas and sauces, and acidified or fermented beverages can also be a Non-TCS food depending on their pH acidity levels.

So What About Dog Treats Then?

If you want to sell homemade dog treats in Arkansas, contact the Arkansas Department of Agriculture - Feed Division for an application for a feed facility license. The form covers everything from livestock feed to pet food and specialty pet food.

Read the Arkansas Feed Law of 1997 for more information.