Who the Georgia cottage food law covers
A cottage food operator is a person who makes cottage food items at their residential property for sale to consumers or sellers. The food is made, and packaged if it is packaged, in a home kitchen: a kitchen meant mainly for the people who live there.
The GDA's FAQ adds a few limits. A rented or shared commercial kitchen needs a Food Sales Establishment License instead. Making food in a shed, barn or other outbuilding doesn't qualify. Nonprofits can't be cottage food operators, though a bake sale for a nonprofit, charitable or religious group sits outside the law altogether.
Which foods Georgia allows
Only non-potentially hazardous foods qualify: foods that stay safe at room temperature, without refrigeration. HB 398 lists these as examples:
- Loaf breads, rolls, biscuits
- Cakes without refrigerated or high-moisture fillings
- Jams, jellies and preserves
- Uncut fruits and vegetables
- Dried fruits
- Dry herbs, seasonings and mixtures
- Cereals, trail mixes and granola
- Coated and uncoated nuts
- Vinegars and flavored vinegars
- Dill pickles
- Confections and fudge
- Dry soup mixes
- Roasted coffee beans
- Dry pasta
- Popcorn, popcorn balls and cotton candy
These stay off the list:
- Alcoholic beverages, foods with cannabis and raw milk (named in the law)
- Fruit butters, like apple or pumpkin butter (the law and the GDA FAQ)
- Cooked vegetable products such as salsa, tomato sauce or spaghetti sauce (GDA FAQ)
- Potentially hazardous foods like meat, poultry, fish, shellfish, eggs, and milk and dairy products (GDA FAQ)
- Honey and syrup, which the GDA says are not cottage foods
- Pet food and pet treats, which need a feed license
Baked goods with fresh fruit or vegetables, like zucchini bread, are fine when the produce is baked into the batter. Fresh fruit as a garnish on top is not.
Where and how you can sell
HB 398 opened up store sales. You can now sell directly to a person, including online and by mail order, or to retail food sales establishments such as grocery stores and restaurants.
| Way of selling | Allowed? |
|---|---|
| Direct to customers in person | Yes |
| Online and mail order | Yes |
| Telephone and custom orders | Yes, with a disclosure instead of a label |
| Grocery stores, convenience stores and restaurants | Yes, unless your city or county opts out |
| Wholesalers, brokers or distributors | No, according to the GDA FAQ |
| Buyers in other states | May bring FDA oversight, says the GDA |
Stores and restaurants that carry your food have duties of their own. They put cottage food on its own shelf or in its own case, label that spot as holding food exempt from state inspection, and post a sign telling shoppers that cottage food is not subject to commercial food regulations or inspection.
Some farmers markets ask vendors for a Food Sales Establishment License anyway. The GDA says markets may set that rule for themselves.
No license, but a few rules
Cottage food operators no longer apply for a GDA license or pay a state fee, and the GDA no longer inspects before you start. It can still inspect your home after a consumer complaint, a foodborne illness report or a public health emergency.
- An inspection covers only the parts of your home used for the business.
- Except in an emergency, the GDA schedules it with you in advance. You may ask for an administrative warrant first.
- A first violation brings a written warning. After that, a civil penalty of up to $75 per violation.
- Cities and counties may only opt out of store sales. They can't otherwise regulate cottage food or stop delivery companies from carrying it.
- Local business licenses and zoning still apply, and your city or county may require a DBA.
- On a private well, the GDA says to test the water for coliform bacteria and nitrates at least once a year.
When you outgrow the Georgia cottage food law
Moving production to a rented or shared kitchen takes a GDA Food Sales Establishment License. Selling across state lines can bring FDA oversight and a Manufactured Food Establishment License, which the GDA says can't be issued for food made in a home kitchen. Store buyers at that level usually expect a full federal label with a Nutrition Facts panel.
FDA Food Labeling Requirements →