By the way, based on section (1)(F)(2)(B)(vi) of AR bill HB1323 you are covered if you sell food made at home directly to a customer, you do not need to sell through a farmer's market to qualify as a cottage food business.
http://e-lobbyist.com/gaits/text/175694/175694.pdf
Not sure of your experience but I can try to explain mine. I live in Indiana and our home is zoned ag, which makes us OK with zoning. Our cottage bill allow baking of non perishiable items to be sold at roadside stand... aka outside the house but on property. I can not deliver, but am allow to take orders. My health dept. also was not aware of the cottage bill and advised me no baking in the home, period. After forwarding to them a copy of the cottage bill we got everything worked out. They said no other action was needed on my part, no business license needed, I was good to go. The labeling is very important and must state that the item was prepared in a non- inspected kitchen along with weights, ingredients, etc. A very limited recipes can be used, no items needing refigeration. So if our property was not zoned ag, I would be out of luck. The bill is designed for baked goods to be sold at farmers markets/roadside stands, it is not written for a hobby baker to run a cake design business out of their home on the same level as an approved bakery. I really do not understand the delivery thing, because it sometimes put a third party in the picture of handling the cakes, more hands more chances of baked goods being mishandled!!! I fear many home bakers are hearing a cottage bill is being passed and they can then "be legal" to operate as a approved bakery and many times this is not the case. Yes you can sell cakes but in my case you are very limited. Hope this helps.
Hi dreamacres,
How does it help to be zoned ag? Is it because you can have a 'road side stand' on your property?
I understand that our law allows orders to be taken in advance. So, couldn't a person sell them at a farmers market, or another road side stand?
Yes the Ag Zone allows me to sell at operate a roadside stand, and take pre-orders. I do not know why I would not be able to sell at any roadside stand/farmers market if I so desired.
The city clerk is trying to tell me that since my city has never allowed it before that regardless of this bill it's illegal for me to bake and sell from my home....
This is the part that made me say, "Huh?" 
So let's say .......
- city passes a law making it ok to streak naked down the street.
- cop arrests me for running naked down the street.
- I point out that it's now legal to run naked down the street.
- Cop says, "Well you've never been allowed to do that before, so I dont' care WHAT law was recently passed, since you couldn't do it before, you can't do it now."
- We go to court and I win.
- I now run naked down the street on a regular basis.
That statement from the clerk ranks right up there in my collection of "dumbest 'illogical-logic' statements I've ever heard!"
JoanieB, I'm really sorry that you're having so much trouble. It's so crazy how the laws from one city will differ from the other. If you were in Little Rock I think you would be ok since I already paved the way so to speak. 
I think you need to speak to the clerk's supervisor or whoever is higher up on the food chain because something just doesn't sound right. Good luck! My thoughts and prayers are with you.
Babycakes, according to the representative this would include all of Arkansas. However, what I think is happening here is that there are no guidelines so officials are taking bits and pieces of the bill and basically telling me no.
Another health dept official says they've been instructed it only covers farmer's markets. NOT TRUE---I've actually read the bill...A LOT. As Jason points out we are allowed. Zoning I guess is the issue. But Rep. Bennett says that any "business" is not exempt from permits, inspections, etc. This is where I'm confused. So, I can't become a legal entity and be a cottage food operation?? I think I'm just going to go to my zoning dept, show them the bill, inquire a bit and see if they sign off.
If not then I'm just going to keep doing what I'm doing I guess, just make cakes when the opportunity arises since the cottage food bill protects me for that even if my zoning law prevents me from being a "business" while doing the same thing. This sucks if it works out that way, I really wanted to use some tax deductions.
But Rep. Bennett says that any "business" is not exempt from permits, inspections, etc. This is where I'm confused. So, I can't become a legal entity and be a cottage food operation??
It is legal to operate a car repair shop. but not in a housing subdivision where the zoning says "no". My daughter is right this second in the middle of passing her boards to become a beautician. But she can't take a room of our home and turn it into a salon because we dont' live in a "zoned for business" zone.
But .... if you can get an exemption or a zoning change, then all the pieces will be in place to enable you to move forward! 
Okay, so here's the latest update. I finally got the courage and went back to the zoning office. I talked to the guy in charge and he said as long as I got my home occupation permit that I was fine. He said that as long as I'm not putting up signs and having crazy traffic (which wouldn't happen). He wished me luck in my venture and was super nice and supportive. He didn't even want to see the bill that I had printed and highlighted LOL. I made it clear that I didn't want to be doing anything considered illegal and he said no way.
So, I can say from my experience that if someone is trying to tell you something based on misinformation then to keep at it. I feel stupid for not just going straight back to the zoning office after my tussle with city hall. Obviously the lesson here is that regardless of a cottage food law you need to check with your local officials; ) Thanks everyone for your help!
On an unrelated side note, if you were wanting to make your cake recipe denser how would you go about that? Add more eggs? Add pudding? I have some good moist recipes but I wish they were a bit more dense.
The city clerk is trying to tell me that since my city has never allowed it before that regardless of this bill it's illegal for me to bake and sell from my home...even though they didn't know about this bill until I told them two days ago. I've got my lawyer friend looking into it but I feel bad asking her this stuff since I'm not actually paying her LOL. I tried to go to the local health dept where I had spoken on the phone to a man that told me about the new bill and well...I somehow got lost and couldn't find it. So, that's for another day I think. I'm so fired up right now I can barely see straight.
I have talked to the City of Little Rock regarding cooking food in your home. Their concern is the possibility of traffic from customers (zoning). Their concern was not that food was produced in your home. They also want to make sure you are paying the right amount of taxes, if and when, you do sell your product. Someone is giving you the run around. I read this cottage foods law also and I interpreted it to mean you can cook and sell food prepared in your home as long as you sell directly to the person who is consuming the product (not to a restaurant who is going to resell it).
Okay, so here's the latest update. I finally got the courage and went back to the zoning office. I talked to the guy in charge and he said as long as I got my home occupation permit that I was fine. He said that as long as I'm not putting up signs and having crazy traffic (which wouldn't happen). He wished me luck in my venture and was super nice and supportive.
I'm glad everything worked out! You may want to ask him for something in writing that says this though, just in case he ends up quitting and is replaced by someone else who has a different interpretation.
Okay, so here's the latest update. I finally got the courage and went back to the zoning office. I talked to the guy in charge and he said as long as I got my home occupation permit that I was fine. He said that as long as I'm not putting up signs and having crazy traffic (which wouldn't happen). He wished me luck in my venture and was super nice and supportive.
I'm glad everything worked out! You may want to ask him for something in writing that says this though, just in case he ends up quitting and is replaced by someone else who has a different interpretation.
How about making him a thank you cake, and take lots of pictures? LOL
Yes the Ag Zone allows me to sell at operate a roadside stand, and take pre-orders. I do not know why I would not be able to sell at any roadside stand/farmers market if I so desired.
I'd like to know how they interpret the definition of roadside stand. I don't plan on opening a business, but I have a lot of friends that want me to make cakes for them, and I can only do so many free cakes.
I soooo understand that! I did free for 6 years, gaining experience and pictures! I had an easier time, but I am a ranch/farm so my zoning and the traffic isn't an issue. YEA!
LOL I'm happy for you.
My husband owns/operates an appliance installation business. As I interpret the law I could set up a tent outside his business and have friends pick up their cakes there. It seems silly, but that's how I understand it.
I have considered checking into renting a booth at the farmers market. Maybe that's the answer.
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