Alabama Cottage Food Laws

Alabama lets people make certain shelf-stable foods in their home kitchens and sell them directly to consumers in the state without a health department food service permit. A 2021 law, Act 2021-461, removed the old $20,000 sales cap and allowed sales by phone and online and delivery by mail inside Alabama. This guide covers what you can sell, how you can sell, labeling and when you need a permit instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local rules, HOA covenants and tax obligations vary. Confirm current requirements with your county health department or the Alabama Department of Public Health, or with an attorney, before you start selling.

Quick facts

• No food service permit is required for a cottage food production operation that follows the law. Ala. Code 22-20-5.1(b)
• There is no state cap on gross sales. Act 2021-461 removed the earlier $20,000 annual limit. Act 2021-461 (SB 160); ADPH Cottage Food
• Sales may be made in person, by phone or online, but only directly to consumers in Alabama. Delivery may be in person, by an agent or by mail, inside the state. Ala. Code 22-20-5.1(a)(2)
• Every product must carry a label with the required information in at least 10-point type. Ala. Code 22-20-5.1(e)
• The operator must pass a food safety course approved by the Alabama Department of Public Health, or ADPH, and keep the certification current. Ala. Code 22-20-5.1(e)
• ADPH asks operators to take a Cottage Food Review Form, a sample label and the course certificate to the county health department for review. ADPH Cottage Food

What the law calls it

• Alabama law uses the terms "cottage food" and "cottage food production operation." People also search for "home bakery," "homemade food" and "home-based food business." These are everyday names, not legal categories. Ala. Code 22-20-5.1(a)
• Cottage food is a non-potentially hazardous food prepared in a person's home that does not need time or temperature control for safety and does not include meat, poultry or fish. Ala. Code 22-20-5.1(a)(1)
• "Home" means a primary residence with a kitchen and appliances designed for common residential use. Ala. Code 22-20-5.1(a)(4)

Foods you can sell

• The law lists cakes, breads, Danish pastries, donuts, pastries and pies; jams, jellies and fruit preserves; candy; dried and dehydrated herbs, herb mixes, vegetables or fruits; roasted coffee; dried baking mixes; and fermented or preserved vegetables or fruit that do not produce alcohol and have an acidity level allowed by ADPH. Ala. Code 22-20-5.1(a)(1)
• Pickles, salsa and other fermented or acidified foods need a pH verification from a processing authority or the Alabama Cooperative Extension System before they can be sold. Freeze-dried foods need a water activity verification. ADPH Cottage Food
• Non-potentially hazardous foods with less than 3% alcohol, such as some Lane cakes, may be sold, according to ADPH. ADPH Cottage Food

Foods you cannot sell

• Meat, poultry and fish are excluded by law, including jerky and baked goods with meat, such as pigs in a blanket. Ala. Code 22-20-5.1(a)(1); ADPH Cottage Food
• Foods that need time or temperature control for safety are not cottage foods. Ala. Code 22-20-5.1(a)(1)

Sales limit

• None. Act 2021-461 removed the $20,000 annual gross income limit. Act 2021-461 (SB 160); ADPH Cottage Food

Where and how you can sell

• Directly to consumers in person, by phone or online, as long as the buyer is in Alabama. Ala. Code 22-20-5.1(a)(2); ADPH Cottage Food
• Delivery directly to consumers in Alabama in person, through an agent of the producer or by mail. Ala. Code 22-20-5.1(a)(2)
• Shipping out of state: the law limits sales and delivery to consumers in the state. Ala. Code 22-20-5.1(a)(2)
• Stores, restaurants and consignment: not allowed. ADPH says permitted food establishments may not sell food made in a private home, and cottage foods may not be sold on consignment. ADPH Cottage Food
• Booths, tents, carts and storefronts that are not permitted by the health department are allowed if the food is made in the home and sold directly to the consumer. ADPH Cottage Food
• State-sanctioned farmers markets fall under the Farmers Market Authority of the Alabama Department of Agriculture and Industries, which may set its own rules. ADPH Cottage Food
• Advertising on social media is allowed. ADPH Cottage Food

Labeling rules

• Each label must show, in at least 10-point type: the common or usual name of the food; the name and home or P.O. box address of the operation; a statement that the food is not inspected by ADPH or the local health department; the ingredients in descending order of predominance; and a statement that the food may contain allergens. Ala. Code 22-20-5.1(e)
• Every item for sale must be labeled. A QR code may not replace the required information. ADPH Cottage Food

Training and kitchen

• The operator must pass a food safety course approved by ADPH and keep the certification current. ADPH accepts the Alabama Cooperative Extension System's cottage food course and ANSI-accredited food safety programs. Ala. Code 22-20-5.1(e); ADPH Cottage Food
• Food must be made in the operator's primary residence. Ala. Code 22-20-5.1(a)(4)

Zoning, HOAs and local rules

• ADPH and county health departments may not regulate food production at a cottage food operation except as the law provides. Ala. Code 22-20-5.1(c)
• City and county business licenses still apply. The county health department can provide written confirmation of its review for a business license application. Review fees vary by county. ADPH Cottage Food
• Alabama's cottage food law does not address zoning, HOA covenants or leases. Check local zoning and review your HOA rules or lease before starting a home food business.

Inspections and complaints

• ADPH says the county health department will not inspect a home kitchen. It reviews only the course certificate and the product labels. ADPH Cottage Food
• ADPH may issue a stop-sale, seizure or hold order for any food suspected of causing a foodborne illness. Ala. Code 22-20-5.1(d)

When you need a permit instead

• Foods that need time or temperature control, meat products and sales to stores, restaurants or out-of-state buyers fall outside the cottage food law. Those businesses need a permitted food establishment or a commercial food license, depending on the activity. Ask the county health department which permit applies. ADPH Cottage Food

Recent changes and effective dates

• 2014: Alabama's cottage food law, Ala. Code 22-20-5.1, allows home sales of baked goods, candy, jams and jellies and dried herbs, with a $20,000 annual limit and in-person sales only. Act 2021-461 (SB 160), showing the prior text
• 2021: Act 2021-461 (SB 160) expands the list of foods, removes the $20,000 cap, allows sales by phone and online and delivery by mail within Alabama and adds ingredient and allergen statements to the label. Under the act, it took effect on the first day of the third month after the governor signed it. Act 2021-461 (SB 160)
• July 9, 2026: ADPH last updated its cottage food guidance. No later amendment to the law was found. ADPH Cottage Food

Frequently asked questions

Do I need a permit to sell baked goods from home in Alabama?

No food service permit is needed if you follow the cottage food law. You must pass an approved food safety course, label every product and submit a Cottage Food Review Form to your county health department. Sources: Ala. Code 22-20-5.1; ADPH Cottage Food.

Is there a sales limit for cottage food in Alabama?

No. Act 2021-461 removed the $20,000 annual limit. Sources: Act 2021-461 (SB 160); ADPH Cottage Food.

Can I sell cottage food online in Alabama?

Yes, directly to consumers in Alabama. Sales may be made in person, by phone or online as long as the buyer is in the state. Source: Ala. Code 22-20-5.1(a)(2).

Can I ship cottage food in Alabama or to other states?

You may deliver by mail to consumers in Alabama. The law limits sales and delivery to consumers in the state, so the cottage food law does not cover shipping to other states. Federal law and the receiving state's rules apply. Source: Ala. Code 22-20-5.1(a)(2).

Can I sell cottage food to stores, restaurants or coffee shops?

No. ADPH says permitted food establishments may not sell food made in a private home, and consignment sales are not allowed. Source: ADPH Cottage Food.

Can I sell pickles, salsa or freeze-dried foods?

Possibly. Fermented and acidified foods need a pH verification from a processing authority, and freeze-dried foods need a water activity verification, before they can be sold. Sources: Ala. Code 22-20-5.1(a)(1); ADPH Cottage Food.

Can I sell cheesecake, jerky or meat-filled pastries?

No. Meat, poultry and fish are excluded, and foods that need refrigeration for safety are not cottage foods. Source: Ala. Code 22-20-5.1(a)(1).

What must be on an Alabama cottage food label?

The food's name, the operation's name and home or P.O. box address, a statement that the food is not inspected by the health department, the ingredients in descending order and an allergen statement, all in at least 10-point type. Source: Ala. Code 22-20-5.1(e).

Will the health department inspect my kitchen?

No, according to ADPH. The county health department reviews your course certificate and labels, not your kitchen. ADPH can stop sales of food suspected in a foodborne illness. Sources: ADPH Cottage Food; Ala. Code 22-20-5.1(d).

Do I need food safety training?

Yes. You must pass a food safety course approved by ADPH and keep the certification current. Sources: Ala. Code 22-20-5.1(e); ADPH Cottage Food.

Official sources

• Ala. Code 22-20-5.1, Alabama Legislature
• Act 2021-461 (SB 160), enrolled bill
• Alabama Department of Public Health, Cottage Food

This page is general information, not legal advice. Laws change, and local rules, HOA covenants and tax obligations vary. Confirm current requirements with your county health department or the Alabama Department of Public Health, or with an attorney, before you start selling.