Can I sell pepper sauce under the Arkansas Food Freedom Act?

By Dwight Davis, Founder

Updated October 2026

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Pepper sauce, heat treated, at 4.6 or below Two ways to prove the pH Fermented sauce and the heat treatment wording Where Arkansas lets you sell Two required statements and a batch number When you need a permit Confirm with the Arkansas Department of Health References

Yes. Arkansas is one of the few states whose own guidance names pepper sauce as allowed. Under the Arkansas Food Freedom Act (Act 1040 of 2021), the Arkansas Department of Health lists condiments with an equilibrium pH of 4.6 or below that are heat treated to kill vegetative cells as homemade foods you may sell, and pepper sauce is on that list [1]. The condition is proof of pH: either your recipe comes from a source the department approves, or you test every batch with a calibrated meter, and either way each batch gets its own number on the label [1]. No permit or inspection is required for these foods [1]. Fermented sauce is not addressed.

Pepper sauce, heat treated, at 4.6 or below

The department's appendix of allowed foods puts pepper sauce alongside barbecue sauce, ketchup, taco sauce and tomato salsa, under the rule for condiments that reach an equilibrium pH of 4.6 or less and are heat treated [1]. Two parts of that rule catch people:

Heat treatment is part of the condition. An uncooked, blended sauce does not fit the wording. Fresh sauces such as refrigerator salsa sit in the guide's exceptions column, with instructions to contact the department before making them [1].
Refrigerator pickled products are not allowed [1]. A quick sauce kept cold rather than cooked and acidified falls on the wrong side.

Products above pH 4.6 and products flavored with alcohol are not allowed [1].

Two ways to prove the pH

	Approved recipe	Test every batch
What you do	Use a recipe from a source the department approves, linked in its appendix, tested by a food process authority [1]	Measure each batch before sale, by a lab or with a calibrated pH meter [1]
Equipment	None required, though a meter is wise	A meter with 0.1 pH resolution and accuracy of plus or minus 0.1 [1]
If you change the recipe	Deviations require further product testing before sale [1]	Every batch is tested anyway [1]
Records	Batch number, recipe used, recipe source, preparation date [1]	Batch number, recipe, measured pH, preparation date [1]

Most makers with an original recipe end up in the right-hand column, because a tested home canning recipe rarely matches the sauce they want to sell. The department points to the AFDO directory for a process authority if you want your own recipe tested once [1]. The measuring pH page covers calibration and how to read a thick sauce, and the batch records page gives a sheet you can adapt.

Fermented sauce and the heat treatment wording

The department's guide does not address fermented vegetables [1]. A fermented mash that is then cooked and brought to 4.6 or below with vinegar would read as a heat-treated condiment, and this book treats any ferment finished with added acid as an acidified food unless a process authority rules otherwise in writing. A raw, unheated ferment does not meet the heat treatment wording. Either way, ask your local Environmental Health Specialist before selling one, and see the fermented sauce page.

Where Arkansas lets you sell

Directly to an informed consumer in person, by phone or online. A website must show the label information, and the package must still be labeled [1].
Through an agent, a third-party vendor or a carrier. Retail shops and grocery stores may sell your sauce if they keep it separate from inspected products [1].
Not to restaurants for use in their kitchens [1].
Out of state only if you comply with all federal laws; the department advises contacting FDA and the other state's health authorities first [1]. For an acidified food, that means the federal rules covered on the acidified foods page. The online sales page covers shipping.

The guide states no sales cap [1].

Two required statements and a batch number

Two statements are required: "This product was produced in a private residence that is exempt from state licensing and inspection." and "This product may contain allergens." [1] The label also carries the production date, your name, address and phone number (or an identification number from the Arkansas Department of Agriculture in their place), the common name and the ingredients in descending order, plus the batch number [1]. The federal elements are on the federal labeling page.

When you need a permit

Foods that require time or temperature control can only be sold from a facility the department permits and inspects [1]. The guide does not name the permit for a commercial acidified sauce processor; ask the department's Environmental Health office which one applies.

Confirm with the Arkansas Department of Health

The department's Environmental Health branch and your local Environmental Health Specialist administer the act; the Homemade Food Production Guidelines updated May 21, 2026 are the official source [1]. This page was last verified October 2026. Compare Arkansas with other states at selling hot sauce in your state, or find someone to test your own recipe through finding a process authority.