Farmers markets are one of the most common ways to sell cottage food directly to buyers. State cottage food law sets the baseline: what may be sold, how it must be labeled and whether a state food permit is required. The market itself often adds booth fees, insurance rules and vendor paperwork on top of that. This post covers what to ask the market, how Florida, Georgia, Alabama and Texas treat direct sales and what to pack.
Disclaimer: This article is general information, not legal advice. Laws change, and market policies, local business licenses and tax rules vary. Check the official sources linked below, your state agency, the market manager or an attorney before you sell.
Ask the market before market day
State cottage food exemptions do not rewrite a market's own vendor handbook. Markets commonly set rules that cottage food makers still have to meet to get a booth, even when the state does not require a food permit. Ask early about these items:
- Ask what the booth or stall fee is and whether the market charges a seasonal or daily rate.
- Ask whether the market requires liability insurance or a certificate of insurance.
- Ask whether the market requires a food establishment license or health permit beyond the cottage food exemption.
- Ask about hours, load-in, tent and table size, electricity and parking.
- Ask whether samples are allowed and how they must be served.
- Ask about signage, scales and whether the market allows cash, cards or both.
- Ask which documents to bring on day one, such as a food safety certificate, sample labels or a tax ID.
Georgia's Department of Agriculture notes that farmers markets and other venues may set their own vendor rules, and that some require a Food Sales Establishment License even for cottage food vendors. Source: GDA Cottage Food FAQ.
Alabama's Department of Public Health says state-sanctioned farmers markets fall under the Farmers Market Authority of the Alabama Department of Agriculture and Industries, and ADPH advises sellers to consult the Farmers Market Authority about market sales. Source: ADPH Cottage Food.
Florida law bars cities and counties from banning cottage food operations or regulating how cottage foods are made, stored or sold. That preemption does not stop a private market or event venue from setting vendor policies. UF/IFAS Extension notes that cottage food products may be sold at farmers markets, pop-up markets, flea markets and roadside stands. Ask the market manager about any vendor license or paperwork it requires. Florida cottage food operators also remain subject to tax laws. Sources: Fla. Stat. 500.80(5)-(6); UF/IFAS Extension, FS425.
What the state already requires
Before packing the van, confirm the cottage food baseline in the state where the market sits. Rules differ on permits, sales caps, training and how direct market sales work.
Florida
No FDACS food permit is required if annual gross sales of cottage food products stay at or below $250,000. Sales may be made directly to consumers in person, including at farmers markets. Every product must be prepackaged and labeled. Free samples are allowed if they are prepackaged. Sources: Fla. Stat. 500.80; FDACS Cottage Foods.
Read the full Florida cottage food law guide.
Georgia
Since July 1, 2025, under HB 398, cottage food operators need no GDA cottage food license. Operators must complete an ANSI-accredited food safety training program. A food handler course is acceptable. Direct sales to buyers are allowed, and GDA notes that markets may still require a Food Sales Establishment License as a vendor condition. There is no state sales cap. Sources: GDA Cottage Food; GDA Cottage Food FAQ; O.C.G.A. 26-2-470 et seq. (PDF).
Read the full Georgia cottage food law guide.
Alabama
No food service permit is required for a cottage food production operation that follows the law. There is no state sales cap. The operator must pass a food safety course approved by ADPH and keep the certification current. ADPH asks operators to take a Cottage Food Review Form, a sample label and the course certificate to the county health department for review. Booths and tents that are not permitted by the health department are allowed if the food is made in the home and sold directly to the consumer. State-sanctioned farmers markets fall under the Farmers Market Authority, and ADPH advises sellers to consult the Farmers Market Authority about market sales. Sources: Ala. Code 22-20-5.1; ADPH Cottage Food (page updated July 9, 2026).
Read the full Alabama cottage food law guide.
Texas
No state food permit is required for a cottage food production operation. Operators must complete food handler training. Sales must be directly to consumers or to a registered cottage food vendor. Annual gross income from these foods must be $150,000 or less, as DSHS adjusts each year for inflation. A local government generally may not require a license, permit or fee to make or sell allowed foods directly to a consumer. Sources: Tex. Health & Safety Code 437.0192; Tex. Health & Safety Code 437.0195; Texas DSHS cottage food page.
Do not confuse a producer's own booth with Texas's separate "cottage food vendor" registration. Section 437.01965 covers businesses that sell other people's cottage food at farmers markets and similar venues. A maker selling only that maker's own cottage food directly to buyers is not that vendor category. Source: Tex. Health & Safety Code 437.01965.
Read the full Texas cottage food law guide.
What to bring
Pack for both the state rules and the market's checklist:
- Fully labeled, prepackaged product. Follow the label rules on the matching state guide for Florida, Georgia, Alabama or Texas. Bring extra labels in case packaging fails at the booth.
- Cash and a card reader. Markets differ on payment methods. Ask ahead.
- Table, tent, weights and chairs. Confirm size limits with the market.
- Business cards or simple signage. A name, contact information and a product list help buyers reorder later.
- Printed ingredient and allergen information. This sheet helps when a buyer asks a question the package does not answer at a glance.
- Food safety certificate. Bring it if the state or market requires it. Georgia, Alabama and Texas require training under state law, and markets may ask to see proof.
- Sample labels or a label sheet. Bring them in case the market manager asks for them on day one.
- A sales log. Florida's annual cap is $250,000 in gross cottage food sales. Texas caps annual gross income at $150,000, adjusted for inflation. Georgia and Alabama set no state sales cap, but a running total still helps with taxes and planning. Sources: Fla. Stat. 500.80(1); Tex. Health & Safety Code 437.001(2-b)(B).
This post covers shelf-stable cottage foods, which need no refrigeration. A personal cooler for drinks or lunch is fine. Do not treat refrigerated cottage food as the default path. Texas allows certain time and temperature control for safety foods only with DSHS registration and extra label rules, which is a separate track from ordinary shelf-stable cottage food sales.
Samples
Sampling draws buyers, but state rules still apply.
- Florida: Free samples are allowed if they are prepackaged. Source: FDACS Cottage Foods.
- Georgia: Free samples are allowed if the product meets the cottage food rules. Labeled packages must be on display with the samples, and a sample may not be changed into a food that needs temperature control. Source: GDA Cottage Food FAQ.
- Texas: Cottage food producers may provide samples at any location, and a local health department may not charge a fee for them. The market may still set its own sample rules. Source: Texas DSHS cottage food page.
- Alabama: The ADPH page does not address samples. Confirm sampling rules with your county health department and the market before offering open or cut samples.
Taxes and local business paperwork
Cottage food exemptions usually cover food permits, not tax or local business paperwork.
- Florida: Cottage food operations are not exempt from tax laws. Ask the city and county tax collector about a local business tax receipt and the Florida Department of Revenue about sales tax. Source: Fla. Stat. 500.80(5).
- Alabama: A city or county business license may be required, so check with your local government. The county health department can provide written confirmation of its review for a business license application. Review fees vary by county. Ask the Alabama Department of Revenue about sales tax. Source: ADPH Cottage Food.
- Georgia: General local requirements such as business licenses and zoning still apply, according to GDA. Some counties and cities also require a trade name, or DBA, registration. Cottage food operators are not exempt from tax laws. Ask the Georgia Department of Revenue about sales tax. Sources: GDA Cottage Food FAQ; O.C.G.A. 26-2-477(5).
- Texas: Ask the Texas Comptroller of Public Accounts about sales tax, and ask the city where the market sits about local business registration. Source: Texas Comptroller: Sales and Use Tax.
Frequently asked questions
Can I sell cottage food at a Florida farmers market without an FDACS food permit?
Yes, if the operation follows Florida's cottage food law and annual gross sales of cottage food products stay at or below $250,000. Products must be prepackaged and labeled. UF/IFAS Extension notes that cottage food products may be sold at farmers markets, pop-up markets, flea markets and roadside stands. Ask the market manager about any vendor license or paperwork it requires. Sources: Fla. Stat. 500.80; FDACS Cottage Foods; UF/IFAS Extension, FS425.
Can a Georgia farmers market require a Food Sales Establishment License even though cottage food operators need no GDA license?
Yes. Since July 1, 2025, cottage food operators need no GDA cottage food license under HB 398, but GDA's FAQ states that farmers markets and other venues may set their own vendor rules and that some require a Food Sales Establishment License even for cottage food vendors. Sources: GDA Cottage Food FAQ; GDA HB 398 FAQ (PDF).
Can I sell Alabama cottage food at a state-sanctioned farmers market?
Yes, if the products and sales follow Alabama's cottage food law, including the approved food safety course, labeling and direct-to-consumer sales. State-sanctioned farmers markets fall under the Farmers Market Authority of the Alabama Department of Agriculture and Industries, and ADPH advises sellers to consult the Farmers Market Authority about market sales. Ask the market manager what documents it requires. Sources: Ala. Code 22-20-5.1; ADPH Cottage Food.
Find the rules
- Florida cottage food law
- Georgia cottage food law
- Alabama cottage food law
- Texas cottage food law
- All state cottage food guides
- Cottage Food Law Changes in 2026
Sources
- Florida Statutes 500.80
- FDACS: Cottage Foods
- UF/IFAS Extension, FS425: Florida's Cottage Food Law
- Georgia Cottage Food Law, O.C.G.A. 26-2-470 et seq. (PDF)
- GDA Cottage Food
- GDA Cottage Food FAQ
- GDA HB 398 FAQ (PDF)
- Alabama Code 22-20-5.1
- ADPH: Cottage Food
- Texas Health and Safety Code chapter 437
- Texas DSHS: Texas Cottage Food Production
- Texas Comptroller: Sales and Use Tax
This article is general information, not legal advice. Laws change, and market policies, local business licenses and tax rules vary. Confirm current requirements with the official sources above, your state agency, the market manager or an attorney before you sell.