Ark. Code § 20-57-503

Current with legislation from 2024 Fiscal and Special Sessions.

Section 20-57-503 - Definitions

As used in this subchapter:

(1)

(A) "Delivery" means the transfer of a homemade food or drink product resulting from a transaction between a producer and an informed end consumer.

(B) "Delivery" includes the transfer of a homemade food or drink product to an informed end consumer by the producer or producer's designated agent at a farm, ranch, farmers' market, home, office, or any location permitted under this subchapter or agreed to between the producer and the informed end consumer;

(2) "Farmers' market" means a common facility or area where several vendors may gather on a regular, recurring basis to sell a variety of fresh fruits and vegetables, locally grown farm products, and other items permitted under this subchapter directly to consumers;

(3) "Homemade food or drink product" means a food or drink product that is processed at the private residence of the producer, including a farm or ranch where the producer resides, that is exempt from state licensure, inspection, certification, and packaging and labeling requirements, and that is non-time/temperature control for safety food;

(4) "Informed end consumer" means a person who:

(A) Is the last person to purchase any homemade food or drink product;

(B) Does not resell the homemade food or drink product; and

(C) Has been informed that the homemade food or drink product:

(i) Is not regulated, inspected, certified, or subject to state packaging or labeling requirements; and

(ii) Has not been processed in a facility that is subject to state licensing, permitting, inspection, or regulation;

(5)

(A) "Non-time/temperature control for safety food" means food that does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation and as defined in the rules of the Department of Health.

(B) "Non-time/temperature control for safety food" includes without limitation pickled cucumbers and other acidified vegetables that have an equilibrium pH value of 4.6 or less if:

(i)

(a) The recipe:

(1) Is from a source approved by the department; or

(2) Has been tested by an appropriately certified laboratory that confirmed the finished product has an equilibrium pH value of 4.6 or less.

(b) If a recipe is not as described in subdivision (5)(B)(i)(a) of this section, the producer shall test each batch of the recipe with a calibrated pH meter to confirm the finished product has an equilibrium pH value of 4.6 or less;

(ii) The batch is labeled with a unique number; and

(iii) The producer maintains records that include:

(a) The batch number;

(b) The recipe used by the producer;

(c) The source of the recipe or testing results if applicable; and

(d) The date that the batch was prepared;

(6) "Process" means operations a producer performs in the preparing, producing, or processing of the producer's homemade food or drink products and includes cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing, and raising;

(7) "Producer" means a person who processes homemade food or drink products on the person's private residence;

(8)

(A) "Time/temperature control for safety food" means food that requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation and as defined in the rules of the department.

(B) "Time/temperature control for safety food" includes:

(i) An animal food that is raw or heat treated;

(ii) Food of plant origin that is heat treated or consists of raw seed sprouts;

(iii) Cut leafy greens;

(iv) Cut tomatoes or mixtures of cut tomatoes; and

(v) Garlic-in-oil mixtures; and

(9) "Transaction" means the exchange of buying and selling in person, by telephone or online, and the delivery of the homemade food or drink product.

Ark. Code § 20-57-503

Amended by Act 2023, No. 205,§ 6, eff. 8/1/2023.

Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.