Cottage food laws · Georgia
Selling homemade food in Georgia.
Georgia just got a lot friendlier. As of July 1, 2025, there’s no license and no state fee to run a cottage food operation — you make your shelf-stable goods, label them, and sell. And for the first time, you can sell not just direct to neighbors but to grocery stores and restaurants too. The one catch is the same as most states: anything that needs refrigeration — cheesecake included — can’t come out of a home kitchen. Here’s the whole picture, in plain English.
Verified against Georgia’s HB 398(O.C.G.A. §§ 26-2-470 to 26-2-478, eff. July 1, 2025) and the Department of Agriculture’s HB 398 guidance
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
The whole story, with the actual law linked — so you never have to take our word for it. One thing to know up front: Georgia rewrote this law in 2025, and its own rules pages haven’t caught up. Where the old rule and the statute disagree, the statute wins.
Selling shelf-stable goods?
That’s a cottage food operation — HB 398 (eff. July 1, 2025) removed the license and the old $100 fee. Make your shelf-stable goods, label them, and sell. (The $100 figure you may still see online is the repealed rule, not the current law.)
New in 2025: stores + restaurants
For the first time you can sell not just direct — including online and by mail order — but to grocery stores and restaurants too. Treat sales as in-state: Georgia’s law preserves federal interstate-commerce rules and other states’ laws.
Inspections + training?
No up-front inspection — the Department inspects only on a complaint, scheduled in advance (except in a public-health emergency). Food-safety training isn’t required by the statute, though the Department’s not-yet-updated page still asks for an ANSI course (see “Getting set up”).
Two ways to sell — pick your path
In shortGeorgia gives you one main homemade-food path (free, no license, shelf-stable), plus a licensed route for the things a home kitchen can’t safely make. The split is refrigeration: shelf-stable → the free cottage path; refrigerated → a licensed facility that can’t be a home kitchen.
Georgia gives you one main homemade-food path, plus a licensed route for the things a home kitchen can’t safely make. The line between them is one question — does what you make need refrigeration? A cheesecake can’t come out of a home kitchen at all in Georgia (it needs refrigeration → a licensed facility, which can’t be a home); shelf-stable goods take the free cottage path.
Cottage food operation
Make non-potentially-hazardous (shelf-stable) food or nonalcoholic beverages in your home kitchen, and sell. No license, no registration, no state fee, no pre-inspection. Put the required statement on your label (below) and you’re operating.
New since July 2025: you can sell direct to consumers and to grocery stores and restaurants.
Pick this path if: your product is shelf-stable — breads, cakes, cookies, jams, candy, granola, dry mixes, dill pickles, even nonalcoholic beverages.
Licensed Food Sales Establishment
For anything that needs refrigeration — cheesecake, cream pies, custard — or for volume beyond a home setup, Georgia requires a licensed facility under the Georgia Food Act. The catch: a private home kitchen can’t be licensed.
A facility fully separate from your living quarters may qualify — but that’s a Department determination, not automatic, so confirm with GDA before building anything. There’s an annual fee the Department doesn’t publish on its cottage pages (a UGA Extension guide describes risk-based tiers around $100–$300 — confirm the current amount with the Department).
Pick this path if: you want to sell refrigerated items, or sell at a scale a home kitchen won’t cover.
Two narrower doors: a beekeeper selling their own honey direct to household consumers is exempt from the Food Sales Establishment License, and someone boiling and bottling sugar-cane or sorghum syrup in-state is carved out of the “food sales establishment” definition entirely. And a nonprofit / charity bake sale of shelf-stable food isn’t covered by the cottage food article at all.
Sources: O.C.G.A. § 26-2-470 (HB 398) · GDA — HB 398 FAQ · GDA — Retail Food Requirements · GDA — Honey Producers
Where you can sell
In shortDirect to consumers (including online and mail order), farmers markets, and — new in 2025 — grocery stores and restaurants. The channels are a closed list: operations “may only sell” through them. Treat out-of-state as out of scope.
Direct to consumers — the statute allows selling “directly to a person, including online and by mail order.” Porch pickup, events, internet sales, and in-state delivery all count. Counties and cities can’t block commercial delivery companies from delivering cottage food.
Farmers markets — allowed as direct sales; individual markets may set their own vendor rules.
Grocery stores and restaurants (new in 2025) — you may sell “to retail food sales establishments, including grocery stores and restaurants.” Your cottage food counts as “from an approved source.” The store must post the Department’s signage and display your items in a separate section or case, labeled as exempt from state inspection.
Local opt-out caveat: a county or city may, by ordinance (after notice and a hearing), prohibit third-party-vendor sales in its jurisdiction. It can’t prohibit your direct sales — those are protected statewide.
Out of state: treat as in-state only. Georgia’s law doesn’t spell out an in-state-only limit, but it preserves federal interstate-commerce rules and other states’ laws — so selling across state lines is out of scope unless you’ve checked the destination state’s rules.
Sources: O.C.G.A. § 26-2-472 (HB 398) · GDA — Cottage Food FAQ
What you can sell
In shortNon-potentially-hazardous (shelf-stable) food only — the statute’s list is illustrative (“includes, but is not limited to”). Nonalcoholic beverages and dill pickles are now in. Anything needing refrigeration — cheesecake — is out, and the only legal route for it can’t be a home kitchen.
Cottage food — shelf-stable only
- Loaf breads, rolls & biscuits
- Cakes (no refrigerated/high-moisture fillings)
- Jams, jellies & preserves
- Uncut fruits & vegetables; dried fruits
- Dry herbs, seasonings & mixes
- Cereals, trail mixes & granola
- Coated & uncoated nuts
- Vinegars & flavored vinegars
- Dill pickles
- Confections, fudge & dry soup mixes
- Roasted coffee beans; dry pasta
- Popcorn, popcorn balls & cotton candy
- Nonalcoholic beverages
The standard is non-potentially-hazardous food — food that doesn’t need temperature control for safety — and the statute’s list is illustrative (“includes, but is not limited to”). Two things HB 398 added that an older Department FAQ page still lists as prohibited: nonalcoholic beverages and dill pickles. That page predates the law change — the statute controls.
Not allowed as cottage food
- Cheesecake, cream & custard pies
- Anything needing refrigeration
- Alcoholic beverages
- Foods containing cannabis
- Raw milk
- Pet treats (need a feed license)
The Department’s examples of barred potentially-hazardous foods: meat, poultry, fish, shellfish, eggs, dairy, cooked vegetable products (salsas, tomato sauces), untreated garlic-and-oil mixtures, raw sprouts, dehydrated meats. Cheesecake test: fails — it needs refrigeration, so it’s not a cottage food item; the only legal route is a licensed Food Sales Establishment, which can’t be a home kitchen. (Pet treats aren’t cottage food — they need a feed license.)
Sources: O.C.G.A. § 26-2-470 (HB 398) · GDA — Cottage Food FAQ · GDA — Retail Food Requirements
The rules that actually matter
In shortNo sales cap. Shelf-stable only. The channels are a closed list (“may only sell”). Your direct sales are protected statewide, but a locality can opt out of third-party-vendor sales. Local business-license, zoning, and sales-tax rules still apply.
- No sales capThe Department confirms it has no limit on gross sales or the number of units produced.
- Shelf-stable onlyIf it needs refrigeration for safety, the home-kitchen path can’t carry it — that’s the licensed-facility route.
- The channels are a closed listThe statute says operations “may only sell” through the channels in § 26-2-472 — direct, farmers markets, and retail stores / restaurants. Wholesale and distribution beyond those aren’t authorized.
- Direct sales protected; a locality can opt out of third-party vendorsYour direct sales are protected statewide, but a locality can prohibit third-party-vendor sales by ordinance. Local business-license and zoning rules still apply, and so does sales-tax law — HB 398 doesn’t touch those.
Sources: O.C.G.A. § 26-2-472 (HB 398) · O.C.G.A. § 26-2-477 (HB 398) · O.C.G.A. § 26-2-478 (HB 398) · GDA — Cottage Food FAQ
Getting set up
In shortThe cottage path is nothing to file — no license, registration, or fee, and no pre-operational inspection. The statute requires no training (the GDA page’s ANSI ask is a holdover). You can request an ID number to keep your address off the label. The licensed path is a separate, non-home route.
Cottage food path (current)
- No state license, registration, or feeHB 398 removed all three as of July 1, 2025.
- No pre-operational inspectionThe Department may inspect only to investigate a complaint, a foodborne-illness report, or a public-health emergency — scheduled in advance, limited to the areas used.
- Food-safety training — read this carefullyThe statute requires none. The Department’s program page still asks operators to complete an ANSI-accredited food-handler course — but that ask traces only to the pre-2025 rules the Department hasn’t rewritten yet, and the requirement was an element of the registration HB 398 abolished. The course is inexpensive and good practice. If you want certainty before skipping it, ask the Department at cottagefoodinfo@agr.georgia.gov.
- Optional privacy step: request a Department identification numberUse it on your labels in place of your home address. The statute and the request form don’t list a fee — confirm the cost (if any) when you request it.
- Label per § 26-2-473Copy the sample below.
- Local: business license, DBA, and zoning still applyPer local law; sales-tax law applies.
That’s it — no state license, fee, or up-front inspection. The statute controls; the old $100-fee rule is repealed.
Food Sales Establishment path (refrigerated / higher volume)
- Apply to the Department, pass a pre-inspection, submit standards paperwork, pay the annual fee, get licensedRenewable annually (July 1–June 30). The facility can’t be a home kitchen.
Sources: O.C.G.A. § 26-2-476 (HB 398) · GDA — HB 398 FAQ · GDA — Cottage Food program · GDA — Retail Food Requirements
Labels
In shortHB 398 made the label shorter than the old rule. You need the business name, address, and phone (or a GDA ID number in place of the address only — phone always required), plus one verbatim 10-point statement. The old all-caps string still online is superseded.
Cottage food label
- The business name, address, and telephone number of the cottage food operator — or, in place of the address, a Department-issued identification number. (Georgia requires the business name, not your personal name. The phone number is always required; only the address can be swapped for the ID number.)
- This statement, verbatim, 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.”
- Placement: on the package (packaged), on the container (bulk), a placard at the point of sale (unpackaged), or on the webpage where the item is sold (internet). At a store or restaurant, your items go in a separate, conspicuously labeled section.
A note on the old label: the not-yet-updated rule and the Department’s older FAQ page still show the previous all-caps string (“MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO STATE FOOD SAFETY INSPECTIONS”). That’s superseded — the statute’s statement above is the one that applies. Federal allergen and ingredient labeling still independently applies to packaged food, so an ingredient list and allergen declaration remain good practice.
Sources: O.C.G.A. § 26-2-473 (HB 398) · GDA — Cottage Food program · Rule 40-7-19 (stale — old label string)
What changed recently
In shortHB 398 (signed May 13, 2025; effective July 1, 2025) removed the license and the old $100 fee, added grocery-store and restaurant sales plus mail order, created the ID-number privacy option, made inspections complaint-only, capped penalties at $75, and preempted local cottage-food rules. The administrative rules haven’t been rewritten yet — the statute controls.
- HB 398 — signed May 13, 2025, effective July 1, 2025It removed the license and the old $100 fee (set by the now-repealed Rule 40-7-19), added grocery-store and restaurant sales plus mail order, created the ID-number privacy option, made inspections complaint-only, capped penalties at $75, and preempted local cottage-food rules (with a local opt-out for third-party-vendor sales).
- Rule conformance is still pending — June 2026As of June 2026, the Department hasn’t filed a rewrite of Rule 40-7-19 — the old rules still show the repealed $100 license, the training requirement, and the old label string online. The Department is running on enforcement discretion until it rewrites them. The statute controls. When that rulemaking lands, this page gets an update.
Sources: GDA — HB 398 FAQ · O.C.G.A. §§ 26-2-470 to 26-2-478 (HB 398) · Rule 40-7-19 (stale)
Common questions
- Can I sell cheesecake from home in Georgia?
- No — cheesecake needs refrigeration, so it’s not a cottage food item. It requires a licensed Food Sales Establishment, which can’t be a home kitchen.
- Do I need a license or to pay a fee in Georgia?
- No — HB 398 removed both as of July 1, 2025. If you see a $100 license online, that’s the old rule the state hasn’t taken down yet — the statute controls.
- Can a grocery store or a restaurant buy my cookies in Georgia?
- Yes — that’s new as of 2025. You can sell to grocery stores and restaurants, which must display your items in a separate, labeled section.
- Is there a limit on how much I can sell in Georgia?
- No — the Department confirms no limit on gross sales or units.
- Do I have to take a food-safety course in Georgia?
- The statute doesn’t require one. The Department’s page still asks for an ANSI food-handler course, but that’s a holdover from the old rules — ask the Department if you want certainty before skipping it.
- Can I sell nonalcoholic lemonade or kombucha in Georgia?
- Nonalcoholic beverages are now cottage food items under HB 398 — even though an older Department FAQ page still lists beverages as prohibited.
- Can I ship out of state from Georgia?
- Treat it as out of scope. Georgia’s law preserves federal interstate-commerce rules and other states’ laws — don’t ship across a state line without checking the destination state.
Sources: O.C.G.A. § 26-2-470 (cottage food item; PHF prohibitions) — HB 398 · O.C.G.A. § 26-2-472 (retail / restaurant authorization) — HB 398 · GDA — Cottage Food FAQ (no sales cap)
You won’t be doing this alone
77 porch bakers are already selling across Georgia 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 Georgia’s official sources and wrote down what they say (every claim above links to its source). This page summarizes Georgia state law as rewritten by HB 398 (effective July 1, 2025). Georgia hasn’t yet updated its administrative rules (Rule 40-7-19) to match the new statute — where the old rules and the statute disagree, the statute wins, and so does this page (that includes the repealed $100 fee, the old training ask, and the old all-caps label string still online). Cities set their own business-license and zoning details, and the Department doesn’t publish the Food Sales Establishment fee on its cottage pages — check those yourself. When something here and the law disagree, the law wins; if you spot that happening, tell us and we’ll fix it. 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.