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Arkansas General Assembly· HB 1851Notification that HB1851 is now Act 714

An act TO AMEND THE SALES TAX EXEMPTION FOR FOOD, 10 FOOD INGREDIENTS, AND PREPARED FOOD SOLD IN A PUBLIC, 11 COMMON, HIGH SCHOOL, OR COLLEGE CAFETERIA OR DINING 12 FACILITY, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                 A Bill
2 95th General Assembly

3 Regular Session, 2025                                          HOUSE BILL 1851

4

5 By: Representative Jean

6 By: Senator Crowell

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8                          For An Act To Be Entitled

9   AN ACT TO AMEND THE SALES TAX EXEMPTION FOR FOOD,

10  FOOD INGREDIENTS, AND PREPARED FOOD SOLD IN A PUBLIC,

11  COMMON, HIGH SCHOOL, OR COLLEGE CAFETERIA OR DINING

12  FACILITY; AND FOR OTHER PURPOSES.

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15                                  Subtitle

16                       TO AMEND THE SALES TAX EXEMPTION FOR

17                       FOOD, FOOD INGREDIENTS, AND PREPARED

18                       FOOD SOLD IN A PUBLIC, COMMON, HIGH

19                       SCHOOL, OR COLLEGE CAFETERIA OR DINING

20                       FACILITY.

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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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24  SECTION 1. DO NOT CODIFY. Legislative findings and intent.

25  (a) The General Assembly finds that the Arkansas Gross Receipts Act of

26 1941, as originally enacted, included an exemption for the sale of food in

27 public school, high school, and college cafeterias and lunchrooms operated

28 primarily for teachers and pupils and not operated for profit.

29  (b) The General Assembly intends for this act to update the exemption

30 provided for the sale of food in public school, high school, and college

31 cafeterias and lunchrooms to be consistent with the current prevailing school

32 food service and management practices, in accordance with the legislative

33 intent of the exemption as it was originally enacted.

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35  SECTION 2. Arkansas Code � 26-52-401(3), concerning sales tax

36 exemptions provided for various products and services, is amended to read as

    *JLL334*                                                   03/19/2025 11:45:01 AM JLL334
                  HB1851

1 follows:

2              (3)(A) Gross receipts or gross proceeds derived from the sale of

3 food, food ingredients, or prepared food in public, common, high school, or

4 college cafeterias and lunch rooms dining facilities operated primarily for

5 teachers and pupils, not operated primarily for the public and not operated

6 for profit.

7              (B) A public, common, high school, or college cafeteria or

8 dining facility that contracts for services or management from a third party

9 that operates for profit is not considered to be operated for profit for

10 purposes of the exemption provided under subdivision (3)(A) of this section

11 solely because a for-profit third party provides services or management for

12 the public, common, high school, or college cafeteria or dining facility;

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14  SECTION 3. EFFECTIVE DATE. Section 2 of this act is effective on the

15 first day of the calendar quarter following the effective date of this act.

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