Cottage Food Law /US
A structured reference to state cottage food rules

United States · GA

Georgia

Cottage Food Program

Informational only — not legal advice. Verify every requirement with the official agency cited below before producing or selling food.

At a glance

Administering agency
Georgia Department of Agriculture (GDA), Retail Food section

Source: Georgia Dept. of Agriculture — Cottage Food · Verified Sep 25, 2026

Permit required
No

Since HB 398 took effect July 1, 2025, operators no longer need a GDA license. Local business licensing and zoning still apply.

Source: GDA — Cottage Food Update: House Bill 398 & FAQ · Verified Sep 25, 2026

License cost
None

No state license or state licensing fee since July 1, 2025. The old $100/year fee still appears in Rule 40-7-19-.04, which GDA says it will amend; GDA uses enforcement discretion in the meantime. The Identification Number form does not mention a fee.

Source: GDA — Cottage Food Update: House Bill 398 & FAQ · Verified Sep 25, 2026

Annual sales cap
No cap

GDA has no limits on gross sales or on the number of units produced. HB 398 sets no sales cap.

Source: Georgia Dept. of Agriculture — Cottage Food FAQ · Verified Sep 25, 2026

Training required
Yes

An ANSI-accredited food safety course is required; Food Handler training is acceptable. HB 398 itself doesn't mention training.

Source: Georgia Dept. of Agriculture — Cottage Food · Verified Sep 25, 2026

Home inspection
No

GDA no longer does pre-licensing home inspections. It may inspect the areas of the home used for cottage food to investigate a complaint, foodborne illness, or public health emergency, normally scheduled in advance (O.C.G.A. § 26-2-476).

Source: GDA — Cottage Food Update: House Bill 398 & FAQ · Verified Sep 25, 2026

Permit details

How it works
No state license is required since HB 398 took effect on July 1, 2025. Operators who don't want their home address on labels may request a GDA Identification Number to use instead. Local business licenses and zoning rules still apply, and some farmers markets may require vendors to hold a Food Sales Establishment License.

Identification Number: O.C.G.A. § 26-2-473(a)(1)(B) and GDA's registration form. Farmers market licenses: GDA Cottage Food FAQ.

Source: GDA — Cottage Food Update: House Bill 398 & FAQ · Verified Sep 25, 2026

Allowed foods

Allowed
  • Baked goods such as loaf breads, rolls, biscuits, and cakes (except those whose fillings require refrigeration or have high moisture content)
  • Jams, jellies, and preserves (except fruit butters whose commercial sterility may be affected by reduced sugar or pectin levels)
  • 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
  • Fudge
  • Dry soup mixes
  • Roasted coffee beans
  • Dry pasta
  • Popcorn, popcorn balls, and cotton candy

The statutory list "includes, but is not limited to" these items: any non-potentially hazardous food or nonalcoholic beverage made at the producer's home can qualify. GDA's cottage food page also lists pastries, cookies, candies, and fruit pies.

Source: HB 398 (2025), O.C.G.A. § 26-2-470 et seq., § 26-2-470(7) · Verified Sep 25, 2026

Prohibited
  • Potentially hazardous foods that require temperature control for safety
  • Baked goods whose fillings require refrigeration or have high moisture content
  • Fruit butters whose commercial sterility may be affected by reduced sugar or pectin levels
  • Alcoholic beverages
  • Foods containing cannabis
  • Raw milk

GDA's FAQ gives examples of potentially hazardous foods: meat, poultry, fish, shellfish, eggs, milk and dairy products, cooked plant-based foods, mushrooms, raw sprouts, tofu, and untreated garlic-in-oil mixtures.

Source: HB 398 (2025), O.C.G.A. § 26-2-470 et seq., § 26-2-470(2), (7), (8) · Verified Sep 25, 2026

Labeling requirements

On every package
  • Business name, address, and telephone number of the cottage food operator
  • A GDA-issued identification number may be used in place of the address
  • Statement in at least 10-point font: "This product was produced at a residential property that is exempt from state inspection. This product may contain allergens."
  • Where the information goes: a label on packaged items or bulk containers, a placard at the point of sale for unpackaged items, or the webpage for online sales
  • Telephone or custom orders: the seller may instead tell the consumer the item was made at a residential property exempt from state inspection and may contain allergens, and must provide the other information on request
  • Items sold by a third-party vendor must be displayed in a separate, conspicuously labeled section or case

GDA's Rule 40-7-19-.09 (not yet amended for HB 398) also requires the common name, ingredients in descending order by weight, net weight or volume, and FDA allergen labeling; GDA's Identification Number form says allergen declarations are still required by law and regulation. The rule's older statement ("MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO STATE FOOD SAFETY INSPECTIONS") differs from the HB 398 statement.

Source: HB 398 (2025), O.C.G.A. § 26-2-470 et seq., § 26-2-473 · Verified Sep 25, 2026

Sales channels

Where you can sell
  • In person: Yes
  • Farmers market: Yes
  • Online (in-state): Yes
  • Online (out-of-state shipping): No — not authorized
  • Delivery (in-state): Yes
  • Retail / wholesale resale: Yes
  • Georgia law allows sales directly to a person, including online and by mail order, or to retail food sales establishments such as grocery stores and restaurants. A city or county may ban sales through third-party vendors by ordinance, but may not bar commercial delivery companies from delivering cottage foods. GDA says online sales go to end consumers within Georgia; interstate sales may fall under FDA oversight, which would require a license GDA cannot issue for a home kitchen. Farmers markets may require vendors to hold a Food Sales Establishment License.

Source: HB 398 (2025), O.C.G.A. § 26-2-470 et seq., §§ 26-2-472, 26-2-478, 36-60-33 · Verified Sep 25, 2026

Caveats

  • HB 398 changed Georgia's cottage food law on July 1, 2025. GDA's rules (Ga. Comp. R. & Regs. 40-7-19) and parts of its FAQ still describe the old licensed program, including a $100 fee, end-consumer-only sales, and a no-beverages rule; GDA says it will amend the rules and uses enforcement discretion where they conflict with HB 398.
  • Cities and counties may ban cottage food sales through stores and restaurants by ordinance; otherwise they may not regulate cottage foods. Local business licenses and zoning still apply.
  • Stores and restaurants that sell cottage foods must post GDA-specified signage that the products are not subject to commercial food regulation or inspection.
  • Homes on a private well: GDA says well water should be tested at least annually for coliform bacteria and nitrates.

Official sources

Page last reviewed: 2026-09-25

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