Georgia Cottage Food Law 2026: Rules, Labels and Store Sales

Georgia lets people make certain shelf-stable foods in their home kitchens and sell them without a state license. HB 398, in effect since July 1, 2025, removed the state license and opened sales to grocery stores and restaurants. This guide covers what you can sell, where you can sell, labeling, local rules and when you need a license instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local rules, HOA covenants and tax obligations vary. Georgia's cottage food regulations are being updated to match HB 398. Confirm current requirements with the GDA Cottage Food Program at 404-656-3627 or [email protected], or with an attorney, before you start selling.

Quick facts

No state license or state fee is required to operate as a cottage food operator. Effective July 1, 2025 (HB 398, Act 193). O.C.G.A. 26-2-21 (as amended by HB 398, Section 4); GDA HB 398 FAQ
There is no state limit on gross sales or on the number of units produced. GDA Cottage Food FAQ
Sales may be made directly to buyers, including online and by mail order, or to retail food sales establishments such as grocery stores and restaurants. Effective July 1, 2025. O.C.G.A. 26-2-472
Every buyer must receive the producer's name, address or GDA identification number and phone number, plus a required statement about state inspection and allergens. O.C.G.A. 26-2-473(a)
Cities and counties may not prohibit or regulate cottage food items, except that they may ban cottage food sales through stores and restaurants by ordinance. Effective July 1, 2025. O.C.G.A. 36-60-33; O.C.G.A. 26-2-478
Operators must complete an ANSI-accredited food safety training program. A food handler course is acceptable. GDA Cottage Food

What the law calls it

Georgia law uses the terms "cottage food operator" and "cottage food item." People also search for "home bakery," "home-based food business," "homemade food" and "cottage bakery." These are everyday names, not legal categories. A home bakery in Georgia is legal without a state license only if it follows the cottage food rules on this page.
A cottage food item is a non-potentially hazardous food or nonalcoholic beverage that is produced, and packaged if it is packaged, at the producer's residential property. The term does not include alcoholic beverages, foods containing cannabis or raw milk. O.C.G.A. 26-2-470(2)
A cottage food operator is a person who produces cottage food items at a residential property for sale to consumers or sellers. O.C.G.A. 26-2-470(3)
Non-potentially hazardous foods do not need temperature control for safety because they cannot support the rapid growth of disease-causing microorganisms or toxin production by Clostridium botulinum. O.C.G.A. 26-2-470(7)
The cottage food law does not apply to bake sales of non-potentially hazardous foods affiliated with a nonprofit, charitable or religious organization. O.C.G.A. 26-2-471(b)

Foods you can sell

The law lists these examples of non-potentially hazardous foods: baked goods such as loaf breads, rolls, biscuits and cakes, except those with fillings that need refrigeration or have high moisture content; jams, jellies and preserves, except fruit butters whose commercial sterility may be affected by reduced sugar or pectin; 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; and popcorn, popcorn balls and cotton candy. O.C.G.A. 26-2-470(7)
The Georgia Department of Agriculture, or GDA, also lists pastries, cookies, candies and fruit pies among approved cottage food products. GDA Cottage Food

Foods you cannot sell

Potentially hazardous foods, meaning foods that need temperature control for safety, are not cottage food items. O.C.G.A. 26-2-470(8)
GDA gives these examples of potentially hazardous foods: meat, poultry, fish, shellfish, eggs, milk and dairy products, cooked plant-based foods such as rice, beans or vegetables, baked potatoes, mushrooms, raw sprouts, tofu and soy-protein foods and untreated garlic-and-oil mixtures. GDA Cottage Food FAQ
Cooked vegetable products such as salsas and tomato sauces do not qualify, according to GDA. GDA Cottage Food FAQ
Alcoholic beverages, foods containing cannabis and raw milk are excluded by law. O.C.G.A. 26-2-470(2)
Pet food and pet treats need a separate animal feed license from GDA. GDA Cottage Food

Sales limit

GDA does not set any limit on gross sales or on the number of units a cottage food operator may produce. GDA Cottage Food FAQ

Where and how you can sell

Directly to buyers, including in person, online and by mail order. O.C.G.A. 26-2-472
To retail food sales establishments, including grocery stores and restaurants. Cottage foods made under the law count as an approved source for those businesses. Effective July 1, 2025; before then, sales had to go directly to the end consumer. O.C.G.A. 26-2-472; GDA HB 398 FAQ
A store or restaurant that sells cottage foods must post signage saying the products are not subject to commercial food regulations or inspection. It must also keep them in a separate section or display case labeled as holding cottage food items exempt from state inspection. O.C.G.A. 26-2-472; O.C.G.A. 26-2-473(d)
The law allows sales only to buyers and to retail food sales establishments. GDA's FAQ, written before HB 398, says sales to a wholesaler, broker or distributor are not allowed. Ask the Cottage Food Program to confirm. O.C.G.A. 26-2-472; GDA Cottage Food FAQ
Across state lines: the law does not exempt operators from federal law, including federal limits on interstate sales. The receiving state's rules may also apply. GDA warns that interstate sales may bring U.S. Food and Drug Administration oversight, and the license that would then be needed cannot be issued for a home kitchen. O.C.G.A. 26-2-477; GDA Cottage Food FAQ
Farmers markets and other venues may set their own vendor rules, and some require a Food Sales Establishment License even for cottage food vendors. GDA Cottage Food FAQ
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. GDA Cottage Food FAQ

Labeling rules

The operator or seller must give buyers: (1) the business name, address and telephone number of the cottage food operator, or a GDA identification number in place of the address; and (2) this statement in at least 10-point type: "This product was produced at a residential property that is exempt from state inspection. This product may contain allergens." Effective July 1, 2025. O.C.G.A. 26-2-473(a)
Where the information goes: on a label on the package; on a label on the bulk container; on a placard at the point of sale if the item is neither packaged nor sold from a bulk container; or on the webpage where the item is sold online. O.C.G.A. 26-2-473(b)
For telephone or custom orders, the seller may skip the printed information but must tell the buyer the item was produced at a residential property exempt from state inspection and may contain allergens. The full information must be available on request. O.C.G.A. 26-2-473(c)
To keep a home address off labels, request an identification number from GDA in writing. O.C.G.A. 26-2-473(a)(1)(B); GDA identification number form
GDA's FAQ, written under the older Cottage Food Regulations that GDA plans to update, also lists the product name, ingredients in descending order by weight, net weight or volume and allergen labeling under federal rules. Ask the Cottage Food Program which of these items still apply until the new rules are final. GDA Cottage Food FAQ; GDA HB 398 FAQ

Training, water and kitchen

Operators must complete an ANSI-accredited food safety training program; food handler training is acceptable. GDA Cottage Food; ANSI directory of accredited programs
Cottage foods must be made in the home kitchen of the operator's primary residence. GDA says rented or shared kitchens, sheds, barns and other outbuildings, vacation homes and motor homes do not qualify. O.C.G.A. 26-2-470(4); GDA Cottage Food FAQ
Ingredients and finished products may be stored inside the home, such as in the kitchen, a spare room or a dry basement, but not in a garage, shed, barn or other outbuilding. GDA Cottage Food FAQ
Water must come from a municipal system or a properly built well. GDA advises testing well water at least once a year for coliform bacteria and nitrates. GDA Cottage Food FAQ

Zoning, HOAs and local rules

No county or city may prohibit or regulate cottage food items, except through the store-sales opt-out below. Local governments also may not bar commercial delivery companies from delivering cottage foods. Effective July 1, 2025. O.C.G.A. 36-60-33
A county or city may adopt an ordinance banning cottage food sales through third-party vendors, such as stores and restaurants, in its area. The ordinance requires a published notice and a hearing, and it cannot take effect until the local government notifies GDA. O.C.G.A. 26-2-478
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. GDA HB 398 FAQ; GDA Cottage Food FAQ
Georgia's cottage food law does not address HOA covenants or leases. Review yours before starting a home food business.
Cottage food operators are not exempt from tax laws. Ask the Georgia Department of Revenue about sales tax. O.C.G.A. 26-2-477(5)

Inspections and complaints

GDA may inspect a cottage food operator's residence to investigate a consumer complaint, a report of foodborne illness or another public health emergency. The inspection is limited to the areas used for the business and, except in emergencies, is scheduled in advance. The operator may ask for an administrative warrant first. O.C.G.A. 26-2-476
A first willful violation brings a written warning. A second or later violation can bring a civil penalty of up to $75 per violation. O.C.G.A. 26-2-475

When you need a license instead

A GDA Food Sales Establishment License is needed to make foods that need temperature control or to produce in a rented, shared or commercial kitchen. GDA Cottage Food FAQ
Catering and other food service, such as serving food at an event, falls under local county health department permits, not the cottage food law. GDA Cottage Food FAQ

Recent changes and effective dates

May 13, 2025: Gov. Brian Kemp signs HB 398 (Act 193). HB 398 bill page
July 1, 2025: HB 398 takes effect. It creates O.C.G.A. 26-2-470 through 26-2-478, removes the state cottage food license and fee, allows sales to grocery stores and restaurants, adds the identification number option and the new buyer statement and limits local regulation through O.C.G.A. 36-60-33. HB 398 bill page; GDA HB 398 FAQ
Pending: GDA plans to amend its Cottage Food Regulations, Ga. Comp. R. & Regs. 40-7-19, to repeal parts that conflict with HB 398, such as licensing and the older limits on where products can be sold. GDA says it is using enforcement discretion on those parts in the meantime. Proposed rules appear on GDA's legal notices page. GDA HB 398 FAQ; GDA legal notices

Frequently asked questions

Do I need a license to sell baked goods from home in Georgia?

No state license is needed since July 1, 2025, under HB 398. Cottage food operators must still complete food safety training, give buyers the required information and follow local business license and zoning rules. Source: GDA HB 398 FAQ.

Is a home bakery legal in Georgia?

Yes. A home bakery can operate as a cottage food operator without a state license if it makes only non-potentially hazardous foods in the home kitchen of a primary residence and gives buyers the required information. Sources: O.C.G.A. 26-2-470; O.C.G.A. 26-2-473.

Is there a sales limit for cottage food in Georgia?

No. GDA does not limit gross sales or the number of units produced. Source: GDA Cottage Food FAQ.

Can I sell cottage foods to grocery stores and restaurants in Georgia?

Yes, since July 1, 2025, unless your county or city has adopted an ordinance banning those sales. The store must display cottage foods separately with signage. Sources: O.C.G.A. 26-2-472 and O.C.G.A. 26-2-478.

Can I sell cottage foods online or ship them in Georgia?

Yes. The law allows sales directly to buyers online and by mail order. Sales across state lines are not exempt from federal law, and the receiving state's rules may apply, and GDA warns they may bring FDA oversight. Sources: O.C.G.A. 26-2-472 and O.C.G.A. 26-2-477; GDA Cottage Food FAQ.

Can I sell cheesecake, cream pies or cream cheese frosting?

Generally no. Baked goods with fillings that need refrigeration are not cottage food items, and foods that need temperature control for safety do not qualify. Sources: O.C.G.A. 26-2-470(7) and O.C.G.A. 26-2-470(8).

What must be on a Georgia cottage food label?

The business name, address or GDA identification number and phone number, plus this statement in at least 10-point type: "This product was produced at a residential property that is exempt from state inspection. This product may contain allergens." Ask GDA whether its older items, such as ingredients and net weight, still apply. Source: O.C.G.A. 26-2-473(a).

Can I use an identification number instead of my home address?

Yes. Request one from GDA in writing using its identification number form. Sources: O.C.G.A. 26-2-473(a)(1)(B); GDA identification number form.

Can my city or county ban my cottage food business?

No. Since July 1, 2025, local governments may not prohibit or regulate cottage food items. A county or city may only ban cottage food sales through stores and restaurants by ordinance, and general business license and zoning rules still apply. Sources: O.C.G.A. 36-60-33 and O.C.G.A. 26-2-478.

Will the state inspect my kitchen?

Only to investigate a complaint, a foodborne illness report or another public health emergency. Except in emergencies, GDA schedules the inspection in advance, and you may ask for an administrative warrant first. Source: O.C.G.A. 26-2-476.

Can I give out free samples?

Yes, according to GDA, if the product meets the cottage food rules and labeled packages are on display with the samples. Source: GDA Cottage Food FAQ.

Do I need food safety training to sell cottage food in Georgia?

Yes. GDA requires an ANSI-accredited food safety training program, and a food handler course is acceptable. Source: GDA Cottage Food.

Can I make cottage food in a rented or shared kitchen?

No. GDA says cottage foods must be made in the home kitchen of a primary residence; production in a rented or shared kitchen needs a Food Sales Establishment License. Source: GDA Cottage Food FAQ.

Official sources

This page is general information, not legal advice. Laws change, and local rules, HOA covenants and tax obligations vary. Georgia's cottage food regulations are being updated to match HB 398. Confirm current requirements with the GDA Cottage Food Program at 404-656-3627 or [email protected], or with an attorney, before you start selling.

Georgia Cottage Food Laws