Senate committee approves expansion of Arkansas cottage-food law amid health department objections

Senator Davis sponsored SB 248 to reform Arkansas' cottage-food law, moving the state away from an extremely narrow list of allowable home-produced items and creating two classifications: non-potentially hazardous foods and potentially hazardous foods (time/temperature control for safety, or TCS). The sponsor said the bill preserves consumer choice while adding labeling and traceability and argued the change will strengthen local food resiliency and help small producers.

Department of Health officials — including Terry Paul, environmental health branch chief, and Dr. Joel Tomlinson from outbreak response — testified that the proposed expansion raises food-safety concerns, citing botulism risks in low-acid canned products and the difficulty of tracing third-party sales in an outbreak. Dr. Tomlinson provided national context on foodborne illness, noting tens of millions of illnesses yearly in the U.S. and thousands of hospitalizations and deaths. The Department recommended removing potentially hazardous foods from the expansion or adding stronger controls.

Jessica Clauser Burcomb of the Arkansas Farm Bureau also opposed the bill as amended, warning of liability exposure for non-inspected producers and potential economic harm to inspected producers if consumers lost confidence. Supporters responded that this bill includes stricter labeling than current law — producer name, address, phone, ingredient list and an explicit notice that the product was made in a private residence exempt from state licensing and inspection — and limits retail to informed end consumers.

After committee amendments and extended questioning, the committee moved the bill and passed it by voice vote. Sponsors said they will monitor implementation and work with the Department of Health and industry to address traceability and safety.