Ark. Code Ann. § 20-57-507: Applicability - Preemption

(a) This subchapter does not: (1) Impede the Department of Health in any investigation of foodborne illness; (2) Change the requirements for brand inspection or animal health inspections; (3) Preclude an agency from providing assistance, consultation, or inspection, at the request of the producer; (4) Preclude the production or sale of food items otherwise allowed by law, including without limitation incidental sales of milk that has not been pasteurized under § 20-59-248 ; (5) Change the regulation of other goods and services where homemade food or drink products are also produced or sold; (6) Exempt producers or sellers of homemade food or drink products from any applicable: (A) Tax law; (B) Fishing or hunting law; (C) Federal law, including any federal law prohibiting the sale of certain food items in interstate commerce; or (D) Another state's laws; or (7) Conflict with the authority of the department to ensure food is not adulterated or misbranded under the Food, Drug, and Cosmetic Act, § 20-56-201 et seq. (b) This subchapter preempts county, municipal, and other political subdivision jurisdictions from prohibiting and regulating the production and sale of homemade food or drink products. Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.

(a) This subchapter does not: (1) Impede the Department of Health in any investigation of foodborne illness; (2) Change the requirements for brand inspection or animal health inspections; (3) Preclude an agency from providing assistance, consultation, or inspection, at the request of the producer; (4) Preclude the production or sale of food items otherwise allowed by law, including without limitation incidental sales of milk that has not been pasteurized under § 20-59-248 ; (5) Change the regulation of other goods and services where homemade food or drink products are also produced or sold; (6) Exempt producers or sellers of homemade food or drink products from any applicable: (A) Tax law; (B) Fishing or hunting law; (C) Federal law, including any federal law prohibiting the sale of certain food items in interstate commerce; or (D) Another state's laws; or (7) Conflict with the authority of the department to ensure food is not adulterated or misbranded under the Food, Drug, and Cosmetic Act, § 20-56-201 et seq.

(1) Impede the Department of Health in any investigation of foodborne illness;

(2) Change the requirements for brand inspection or animal health inspections;

(3) Preclude an agency from providing assistance, consultation, or inspection, at the request of the producer;

(4) Preclude the production or sale of food items otherwise allowed by law, including without limitation incidental sales of milk that has not been pasteurized under § 20-59-248 ;

(5) Change the regulation of other goods and services where homemade food or drink products are also produced or sold;

(6) Exempt producers or sellers of homemade food or drink products from any applicable: (A) Tax law; (B) Fishing or hunting law; (C) Federal law, including any federal law prohibiting the sale of certain food items in interstate commerce; or (D) Another state's laws; or

(A) Tax law;

(B) Fishing or hunting law;

(C) Federal law, including any federal law prohibiting the sale of certain food items in interstate commerce; or

(D) Another state's laws; or

(7) Conflict with the authority of the department to ensure food is not adulterated or misbranded under the Food, Drug, and Cosmetic Act, § 20-56-201 et seq.

(b) This subchapter preempts county, municipal, and other political subdivision jurisdictions from prohibiting and regulating the production and sale of homemade food or drink products.