7 min read

Georgia Cottage Food Law

Georgia cottage food law, rewritten by House Bill 398, lets you make shelf-stable food in your home kitchen and sell it with no state license, no fee and no sales cap. You can sell to customers in person, online and by mail order, and also to grocery stores, convenience stores and restaurants, unless your city or county opts out of store sales. Every sale carries your contact details and one required statement.

Georgia cottage food law: map of the United States with Georgia highlighted
State licenseNoneHB 398 removed the Georgia Department of Agriculture (GDA) license and its fee. No pre-licensing inspection.
Sales capNo limitThe GDA sets no limit on gross sales or on the number of units you make.
Stores and restaurantsAllowedSell to grocery stores, convenience stores and restaurants, unless a local ordinance opts out.
TrainingFood handlerAn ANSI-accredited food safety program, per the GDA. The basic Food Handler course meets it; a Certified Food Manager course is not needed.
01

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.

O.C.G.A. 26-2-470(2) and 26-2-471(b)A cottage food item is a non-potentially hazardous food or nonalcoholic beverage produced at the residential property of the producer. The article does not apply to a bake sale affiliated with a nonprofit, charitable or religious organization.
02

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.

03

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 sellingAllowed?
Direct to customers in personYes
Online and mail orderYes
Telephone and custom ordersYes, with a disclosure instead of a label
Grocery stores, convenience stores and restaurantsYes, unless your city or county opts out
Wholesalers, brokers or distributorsNo, according to the GDA FAQ
Buyers in other statesMay 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.

04

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.
05

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 →
The label

What your Georgia cottage food label must say

HB 398 asks for this information on the package label, on a label on a bulk container, on a placard at the point of sale for unpackaged food, or on the webpage where you sell.

  1. 1
    Business name
    The name of your cottage food business.
  2. 2
    Address or GDA ID number
    Your address, or an identification number the GDA gives you on written request.
  3. 3
    Telephone number
    A phone number customers can reach you on.
  4. 4
    The statement
    In at least 10-point type.
  5. 5
    Ingredients and allergens
    The GDA's label FAQ also lists ingredients by weight, net weight and allergens. Print them too.
  6. Required statement, word for wordCopy exactlyThis product was produced at a residential property that is exempt from state inspection. This product may contain allergens.
Questions

Georgia Cottage Food Law: questions

Not from the state. HB 398 removed the GDA cottage food license and the fee. Your city or county may still require a business license, and zoning rules apply.

Your Georgia label, ready in minutes

Free preview, no account. $29 when you're ready to print.

Start a label