Cottage food laws · Alabama
Selling homemade food in Alabama
Alabama’s cottage food law is one of the most open in the South: no sales cap, no permit, no kitchen inspection — you take one short food-safety course (about $25), label your goods, and sell shelf-stable food directly to neighbors anywhere in the state, including online and by mail. There’s no state fee for the law itself; your county health department reviews your label and course certificate, and any fee for that review is set locally. Here’s the whole picture, in plain English.
Verified against Ala. Code § 22-20-5.1(as amended by SB160, 2021) and the Alabama Dept. of Public Health
Last checked June 12, 2026 — every section links its sources.
A friendly guide, not legal advice — we’re not lawyers. Always confirm the details with your own city and state before you sell.
The 2-minute version
Three cards, the whole story. Everything below is detail — with the actual laws linked, so you never have to take our word for it.
Selling shelf-stable goods?
That’s the Cottage Food Law. Take a short food-safety course (about $25), label your breads, cakes, jams, candy, or dried mixes, and sell them direct — anywhere in Alabama, including online and by in-state mail. No permit, no kitchen inspection, no revenue cap.
What it actually costs
There’s no state fee for the law. You pay about $25 for an approved food-safety course, then submit a label and your certificate to your county health department for review. Any fee for that review is set locally — it varies by county.
Kids’ stands?
Alabama wrote no special kid carve-out — a young baker’s table runs under the same rules an adult’s does, and the food-safety course applies to everyone. So a parent typically takes the course and runs the operation.
One main way to sell — plus a farmers-market-only path
In shortAlmost everyone uses the Cottage Food Law (§ 22-20-5.1). A second, narrow path exists only for items the cottage list can’t cover (pickles, relishes) sold at a state-sanctioned farmers market. The split is about the PRODUCT, not the venue — cottage food can sell at a farmers market under Path A.
Most porch shops in Alabama use exactly one path: the Cottage Food Law (§ 22-20-5.1). There’s a second, narrower path for people who want to sell items the cottage list can’t cover — and the usual food-permit route for anything the home paths can’t reach. The key thing to know: the second path is about what you make, not where you sell it. Cottage food can be sold at a farmers market under Path A — you don’t switch paths just because the venue is a market.
The Cottage Food Law
Make shelf-stable food in your home kitchen, take an approved food-safety course, label it, and sell directly to consumers anywhere in Alabama — in person, by phone, online, delivered, or mailed within the state. No permit, no kitchen inspection, no sales cap.
The one administrative step is local: you submit a short Cottage Food Review Form with your course certificate and a sample label to your county health department.
Pick this path if: you’re selling shelf-stable baked goods, jams, candy, dried mixes, roasted coffee, or properly acidified fermented/preserved produce — from home, online, or by in-state mail.
Home-processed foods at a state-sanctioned farmers market
A separate rule excludes a private home kitchen from the “food establishment” definition when it sells only non-time/temperature-controlled food at a state-sanctioned farmers market (or a charitable, religious, civic, or not-for-profit food sale), with a clearly visible placard that the kitchen is not inspected.
This path is venue-locked to those settings, but its allowed examples include pickles and relishes, which the Cottage Food Law’s list does not cover. The rule text carries no food-safety-course requirement; the market sets its own rules on top.
Pick this path if: you want to sell things NOT on the cottage food list (like pickles or relishes) at a state-sanctioned farmers market or a charity/civic food sale. If what you make IS on the cottage list, sell it under Path A — you don’t need this path.
When you outgrow both: refrigerated items (cheesecake, custard pies), anything with meat/poultry/fish, wholesale, grocery or restaurant sales, or shipping out of state all require a permitted food establishment through your county health department — the home paths can’t get you there. Alabama has no food-freedom act, no microenterprise home-kitchen program, and no tiered cottage permits. The decision is just: shelf-stable + direct-to-consumer in Alabama → Cottage Food Law; items off the cottage list (pickles/relishes) at a state-sanctioned farmers market → the home-processed exclusion; anything else → a permitted establishment.
Sources: Ala. Code § 22-20-5.1 · Admin. Code r. 420-3-22-.01 · ADPH — Cottage Food · FMA brochure (Path B)
Where you can sell
In shortDirect to consumers anywhere in Alabama — in person, by phone, online, delivered, or mailed within the state. Online and phone sales are the headline of the 2021 change. Out of state is the hard line. No wholesale, grocery, or restaurant sales.
Direct to consumers only. The statute lets you sell “only directly to consumers, whether in-person, by phone, or online in the state.”
Online and phone sales: yes. This is the headline of the 2021 change — the old subsection that said an operation “may not sell … over the Internet” was repealed in the same act.
Delivery and shipping within Alabama: yes, including by mail. You may deliver “directly to consumers in the state, whether in person, through an agent of the producer, or by mail.”
Out of state: no. Both the sale clause and the delivery clause are limited to “in the state” — Alabama cottage food stays inside Alabama.
No wholesale, retail, consignment, restaurants, or grocery. Sales are direct-to-consumer; ADPH confirms a cottage producer “may only sell their products directly to consumers.” Selling on consignment in a retail store is out.
Farmers markets: yes for cottage food too (still Path A).Cottage food on the statutory list can be sold at a farmers market under the Cottage Food Law — you don’t switch to Path B just because the venue is a market. Markets are under the jurisdiction of the Farmers Market Authority at the Alabama Department of Agriculture & Industries, so a market’s own rules apply on top of the state law. (The farmers-market home-processed path above is a separate rule — needed only for items off the cottage list — with its own placard and non-TCS limits.)
Sources: Ala. Code § 22-20-5.1 · ADPH — Cottage Food · Admin. Code r. 420-3-22-.01
What you can sell
In shortCottage food is a non-potentially-hazardous food that doesn’t need time or temperature control and doesn’t include meat, poultry, or fish. Cheesecake fails the refrigeration test. Pickles and relishes belong to the farmers-market path, not the Cottage Food Law.
Cottage food — the statutory list
The rule behind the list: cottage food is a non-potentially-hazardous food prepared in your home that doesn’t need time or temperature control for safety and doesn’t include meat, poultry, or fish.
- Cakes, breads & pies
- Danish pastries, donuts & pastries
- Jams, jellies & fruit preserves
- Candy
- Dried & dehydrated herbs & herb mixes
- Dried vegetables & fruits
- Roasted coffee
- Dried baking mixes
- Acidity-controlled fermented/preserved produce
From § 22-20-5.1(a)(1) (identical in Admin. Code r. 420-3-22-.01). The fermented/preserved item must not produce alcohol and must have an acidity level allowed by the department (the rule ties this to the Food Code’s time/temperature-control-for-safety definition).
Not cottage food
- Cheesecake & custard pies
- Whipped-topping cakes
- Raw cookie dough
- Anything refrigerated
- Meat, poultry & fish
- Pickles, relishes & barbecue sauces
Cheesecake test: fails. Alabama Extension (which runs the approved course) lists foods that cannot be sold: “baked goods with a component that requires refrigeration (i.e., custard pies, cakes with a whipped topping, cheesecakes, raw cookie dough).” Things you might assume are allowed but aren’t on the cottage list — pickles, relishes, and barbecue sauces — belong to the farmers-market home-processed path or a permitted establishment, not the Cottage Food Law.
Farmers-market home-processed examples (Path B only)
- Breads, rolls & baked goods
- Cookies & fudge
- Double-crust fruit pies
- Jams & candy
- Popcorn & peanut brittle
- Pickles & relishes
For the state-sanctioned-market venue only (FMA brochure), and never low-acid foods in a hermetically sealed container (e.g., home-canned vegetables) unless made in a permitted establishment. Note: the brochure predates the 2021 expansion, so use the statutory list above as the current cottage allowed list — the brochure’s allowed side is missing foods 2021 added like roasted coffee and dried baking mixes.
Sources: Ala. Code § 22-20-5.1 · Admin. Code r. 420-3-22-.01 · ACES — Basic Rules · FMA brochure (Path B)
The rules that actually matter
In shortNo sales cap. In-state only. Direct to consumers only. Made in your home. No permit and no routine inspection — but ADPH keeps a stop-sale power. Taxes and local rules still apply.
- No sales capThe former $20,000/year gross-income cap was struck by SB160 in 2021; the enrolled bill removes it and ADPH confirms “the limit for annual income under the law has been removed.”
- In-state onlySale and delivery are both limited to “in the state” — no out-of-state sales or shipping.
- Direct to consumers onlyNo wholesale, consignment, grocery, or restaurant sales.
- Made in your homeProduction must be in your “home” — “a primary residence that contains a kitchen and appliances designed for common residential use.” The review form has you attest that food is “produced in my primary home kitchen for direct sales to the final consumer within the state of Alabama.”
- No permit, no routine inspectionA cottage food operation is not a food service establishment and needs no permit — but ADPH keeps the power to issue a “stop sale, seize, or hold order for any food suspected of being the cause of a food borne illness.”
- Taxes and local rules still applyThe cottage law doesn’t exempt you from sales tax or any local business-license rules — confirm those with your county (see “Common questions”).
Sources: Ala. Code § 22-20-5.1 · ADPH — Cottage Food · ADPH review form
Getting set up
In shortCheck your products, take the ~$25 ACES food-safety course, build your label, and submit the county Cottage Food Review Form with your certificate. No kitchen inspection and no food service permit.
- Check your productsAgainst the statutory list and the no-refrigeration rule (above).
- Take an approved food-safety courseThe statute requires you to “maintain certification of having attended and passed a food safety course approved by the department.” The Alabama Extension (ACES) Cottage Food Law course is $25 (online, in-person, or Spanish; the certificate is good for 3 years), or you can use any ANSI-accredited food-safety program.
- Make your labelName + address of the operation, ingredients, the not-inspected statement, and an allergen disclaimer — all in at least 10-point font (next section).
- Submit the Cottage Food Review Form to your county health departmentWith a copy of your label and your course certificate (and a pH/water-activity verification from a processing authority if you make acidified/fermented foods). ADPH publishes the form; any fee for the review is set by your county — “Fees vary by county. Check with your Local County Health Department about any fees for the review process.”
- No kitchen inspection and no food service permitA cottage food operation “is not a food service establishment and is not required to have a food service permit issued by the county health department.”
- Sort out taxes and any local business licenseWith your county — these sit outside the food law.
That’s it — no state fee, no kitchen inspection, no food service permit.
Sources: Ala. Code § 22-20-5.1 · ADPH — Cottage Food · ADPH review form · ACES — course
Labels
In shortFive elements, all in at least 10-point font. Alabama keys the name to the operation (not your personal name), and a P.O. Box address is expressly allowed. No exact disclaimer wording is mandated — any clear not-inspected statement works.
Alabama cottage food label
- The common or usual name of the food
- The name, and home or P.O. Box address of the cottage food production operation — Alabama keys this to the operation, not your personal legal name, and a P.O. Box is expressly allowed
- A statement that the food is not inspected by the department or local health department — any clear statement to that effect; no exact wording is mandated
- A list of the ingredients in the food in descending order of predominance
- A disclaimer that the food may contain allergens
No exact disclaimer wording is mandated. The statute requires “a statement that” the food is not inspected — not specific words — so any clear statement to that effect works, plus a separate “may contain allergens” disclaimer, both in at least 10-point font. The example sentence above (“This food is not inspected by the Department of Public Health,” from the FMA brochure) is a model, not a legal mandate.
Farmers-market home-processed placard (Path B, separate from cottage food): the rule requires that the consumer be “informed by a clearly visible label, tag, or placard at the sales or service location that the food is prepared in a kitchen that is not inspected by a regulatory agency.” Packaged products must also show the name and place of business of the manufacturer, packer, or distributor.
Sources: Ala. Code § 22-20-5.1 · Admin. Code r. 420-3-22-.01 · ADPH review form · FMA brochure (placard example)
What changed recently
In shortThe 2021 expansion (SB160, eff. Aug 1, 2021) is the law almost every current rule traces to — it removed the $20,000 cap, allowed online/phone sales and in-state mail, expanded the food list, and repealed the internet ban. No statutory changes since.
- 2021 — the big expansion (SB160, effective Aug 1, 2021)This is the law almost every current rule traces to. SB160 amended § 22-20-5.1 to remove the $20,000 gross-income cap, allow online and phone sales, allow in-state delivery by mail or by an agent, expand the allowed-food list (adding dried/dehydrated produce, roasted coffee, dried baking mixes, and acidified fermented/preserved produce), and repeal the old “may not sell over the Internet” ban.
- 2024–2026 — no statutory changesNo bill amending § 22-20-5.1 surfaced in the 2024, 2025, or 2026 sessions; the operative law remains the 2021 amendment.
- Admin rule revision — Feb 14, 2025Ala. Admin. Code ch. 420-3-22 carries a revision date of 2/14/2025; its cottage-food definitions match the 2021 statute. What that revision changed relative to cottage food isn’t clear — likely unrelated provisions.
- A stale official brochure is still in circulationThe Farmers Market Authority’s “Home Processed Products & Cottage Food Law” brochure still shows the repealed $20,000 cap, the repealed internet-sales ban, and a “June 2014” framing — it predates the 2021 expansion. Treat it as authoritative only for the farmers-market home-processed path, pH testing, and label examples — never for the cottage food cap, venues, or any renewal period.
Sources: SB160 enrolled text · Ala. Code § 22-20-5.1 · Admin. Code r. 420-3-22-.01
Common questions
- Can I sell online or take phone orders in Alabama?
- Yes — since August 1, 2021, Alabama cottage food can be sold in-person, by phone, or online in the state, and the old internet ban is gone. The catch is geography: it must be to consumers in Alabama.
- Can I ship my baked goods to another state from Alabama?
- No — Alabama cottage food is in-state only. Both selling and delivering are limited to “in the state,” and shipping across the line would also pull in federal (FDA) rules and the other state’s law. For out-of-state sales you’d need a permitted food establishment.
- Is there a cap on how much I can make?
- No. The old $20,000/year cap was removed in 2021 — there’s no sales cap now.
- Do I need a permit or a kitchen inspection in Alabama?
- No. A cottage food operation is not a food service establishment and is not required to have a food service permit, and there’s no routine inspection. What you do file is the county Cottage Food Review Form (label + course certificate).
- What does it cost to start?
- There’s no state fee for the law itself. Budget about $25 for the Alabama Extension food-safety course (or whatever an ANSI-accredited course charges), and ask your county about any fee for the label/course review — those vary by county, and ADPH doesn’t publish a statewide figure.
- Do I really have to take a course?
- Yes — the statute requires you to “maintain certification of having attended and passed a food safety course approved by the department.” The Alabama Extension course is the common choice ($25, certificate good for 3 years); any ANSI-accredited food-safety course also satisfies it.
- Can I sell cheesecake from home in Alabama?
- No — cheesecake needs refrigeration, which puts it outside cottage food. Custard pies, whipped-topping cakes, and raw cookie dough are out for the same reason. That’s permitted-establishment territory.
- Can I sell pickles or relishes in Alabama?
- Not under the Cottage Food Law — they’re not on the statutory list. They are allowed on the farmers-market home-processed path, if you only sell at state-sanctioned farmers markets with the required placard and follow the pH/acidity rules.
- Can a grocery store or restaurant carry my goods?
- No — cottage food is direct-to-consumer only; no wholesale, consignment, grocery, or restaurant sales. That’s a permitted-establishment step.
- Do I charge sales tax on homemade food in Alabama?
- The cottage law doesn’t exempt you from tax or local business-license rules — confirm sales-tax treatment with the Alabama Department of Revenue and any business-license requirement with your county before you rely on an answer. We don’t have a primary source pinning Alabama’s grocery sales-tax treatment of cottage goods, so we won’t state one — ask the county.
Sources: Ala. Code § 22-20-5.1 (cap removed, in-state, course, no permit) · ADPH — Cottage Food (county fee varies, direct-to-consumer) · Admin. Code r. 420-3-22-.01 (farmers-market exclusion, placard)
You won’t be doing this alone
25 porch bakers are already selling across Alabama under these exact laws. Browse their pages and learn from people two steps ahead of you — what they sell, how they price, how they talk about their bread. Cottage bakers are famously generous with what they’ve learned, and most are a DM away on Instagram.
This page is educational, not legal advice — we’re not lawyers, just neighbors who read Alabama’s official sources and wrote down what they say (every claim above links to its source). The required food-safety course is run by outside providers (Alabama Extension’s is about $25), and county health departments set their own label-review fees — those vary by county and we don’t list a number, because no statewide fee schedule exists. Alabama also keeps a separate, narrow farmers-market-only path for items off the cottage list (like pickles and relishes); cottage food itself can still be sold at a farmers market under the main law. Local business-license and sales-tax rules are separate and set locally — check yours. Always double-check the details with your own city and state before you sell. When something here and the law disagree, the law wins; if you spot that happening, tell us and we’ll fix it.