Very permissive

Georgia cottage food laws

No license, no sales cap, and the ability to sell to retail stores and restaurants.

Georgia's HB 398 took effect on July 1, 2025 and removed the state cottage food license, eliminated the sales cap, and opened cottage products up to retail and restaurant sales. Cottage operators still need to follow Georgia Department of Agriculture (GDA) labeling rules and complete a basic food safety course.

Last verified May 2, 2026Georgia Cottage Food Program (HB 398, O.C.G.A. § 26-2-30 et seq.)
At a glance

Georgia cottage food, quick facts.

📋
Permit
Not required as of July 1, 2025
💰
Sales cap
None
🌐
Online sales
Allowed (direct to consumer in Georgia)
📦
Shipping in-state
Allowed
✈️
Shipping out-of-state
Not allowed under cottage food law
🎓
Training
Food safety course required (ANSI-accredited or equivalent)
🏠
Inspection
Not routinely required for non-TCS cottage operators
How it works

How the Georgia cottage food law actually works.

Georgia overhauled its cottage food law with House Bill 398, which took effect on July 1, 2025. Before HB 398, operators had to apply for a Cottage Food License through the Georgia Department of Agriculture, pay a fee, and undergo a home inspection in many cases. Under the new law, the state license is gone, no fee is required, and inspection is no longer routinely required for cottage operators selling non-potentially hazardous foods.

HB 398 also removed the prior $5,000 sales cap. There is now no statewide cap on cottage food revenue. Operators can sell directly to consumers, take orders online, and ship within Georgia. The law also opened a new path for sales to retail stores, restaurants, and other third-party vendors, provided the products meet labeling and packaging rules and are displayed in a clearly identified cottage food section by the retailer.

Operators must complete a basic food safety course (often the ServSafe Food Handler course or an equivalent ANSI-accredited program) and keep their certificate available. Standard label rules apply: name and address, product name, ingredients by weight, allergens, net weight, and a required statement that the food was produced in a home kitchen exempt from state inspection.

Out-of-state shipping is still not allowed under cottage food law. The Georgia Department of Agriculture's official guidance is clear that interstate sales fall under federal jurisdiction and require a permitted commercial facility.

What you can sell

Allowed and prohibited foods.

Allowed
  • Loaf breads, rolls, biscuits, tortillas
  • Cookies, brownies, biscotti
  • Cakes and cupcakes without cream or cream cheese frosting
  • Fruit pies (high-acid fruit only)
  • Candies, fudge, brittle, toffee, chocolates
  • Jams, jellies, preserves, fruit butters
  • Honey
  • Roasted coffee beans, dried tea blends
  • Granola, popcorn, snack mixes, dry cereals
  • Dry baking and seasoning mixes
  • Dehydrated fruits, vegetables, and herbs
  • Roasted or candied nuts
Prohibited
  • Cheesecakes, cream pies, custard pies, meringue pies
  • Cream cheese frosting and any frosting requiring refrigeration
  • Tres leches and any cake requiring refrigeration
  • Meat, poultry, and fish products
  • Pickles, salsas, and any acidified foods
  • Low-acid canned foods
  • Beverages requiring refrigeration

Anything that requires refrigeration to remain safe is a time and temperature controlled for safety (TCS) food and is excluded from the cottage food program.

Where you can sell

Sales channels for Georgia cottage bakers.

🤝
In-person / pickup
Allowed. Pickup at home, delivery, farmers markets, fairs, festivals, and pop-ups.
🌐
Online sales
Allowed. Take orders and payment by website, social media, email, or phone.
📦
Shipping in-state
Allowed by USPS or commercial carrier within Georgia.
✈️
Shipping out-of-state
Not allowed under cottage food law.
🥕
Farmers markets
Allowed without a separate state cottage permit.
🏪
Retail stores
Allowed under HB 398. Retailers must display cottage products in a clearly labeled section.
🍽️
Restaurants
Allowed under HB 398. Restaurants may resell cottage food items to end consumers.
  • Sales must be to the end consumer, even when sold through a retailer or restaurant.
  • Local business licenses, sales tax registration, and zoning rules still apply.
  • Producers should keep label samples and a current food safety certificate available in case GDA requests them.
Labels

Label every product, exactly like this.

01
Name and address of the cottage food producer
Your business name or legal name plus the address where the food is produced.
02
Product name
For example, "Lemon Pound Cake" or "Peach Preserves".
03
Ingredients in descending order by weight
Include sub-ingredients of compound ingredients.
04
Allergen declaration
Identify the major allergens: milk, egg, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame.
05
Net weight or net volume
In US customary units.
06
Required Georgia cottage food statement
The statement that the product was produced in a residential property exempt from state inspection and may contain allergens.
Required disclaimer (copy verbatim)
This product was produced in a home kitchen that is not subject to inspection by the Georgia Department of Agriculture. This product may contain allergens.
  • Refer to the Georgia Department of Agriculture's HB 398 FAQ for the most current label format guidance.
  • Labels must be in English; additional languages are optional.
  • Retailers selling cottage products must place them in a clearly identified cottage food section.
Sales cap

How much can you earn under Georgia cottage law?

Georgia has no statewide sales cap for cottage food operators. You can earn unlimited gross revenue under the cottage food program. Federal income tax and Georgia sales tax obligations still apply, and you should track sales for your own bookkeeping and tax filings.

Training

Food safety training in Georgia

Cottage operators must complete a basic food safety course. The Georgia Department of Agriculture accepts courses accredited by the American National Standards Institute (ANSI), including ServSafe Food Handler and StateFoodSafety. Keep your certificate (and any renewal records) on file. Renewal frequency depends on the issuing program, but most courses are valid two to three years.

Registration

Registration, permits, and inspections in Georgia

There is no state registration or license under HB 398. You do not file paperwork or pay a fee to begin operating. You may still need a local business license, an EIN if you have employees, and a Georgia sales tax number if you sell taxable items. Local zoning and home-occupation rules also apply.

Step-by-step

How to start a cottage bakery in Georgia.

  1. 01
    Confirm your products are non-TCS
    Build your menu around shelf-stable items: cookies, breads, candies, jams, granola, dry mixes, roasted coffee. Skip anything that needs refrigeration.
    Georgia Department of Agriculture: Cottage Food
  2. 02
    Complete a food safety course
    Take an ANSI-accredited food handler course (ServSafe, StateFoodSafety, Learn2Serve, etc.). Save the certificate and renew when it expires.
    ServSafe Food Handler
  3. 03
    Set up your business basics
    Choose a business name, file a DBA if needed, get a local business license, and confirm zoning. Register with the Georgia Department of Revenue if you sell taxable items.
  4. 04
    Build your label template
    Include the producer name and address, product name, ingredients by weight, allergens, net quantity, and the required Georgia cottage food statement.
  5. 05
    Decide your sales channels
    Direct pickup, delivery, farmers markets, online orders shipped within Georgia, and (new under HB 398) retail and restaurant sales. Each channel has small operational details, like packaging requirements for retail.
  6. 06
    Set up your storefront on Cakery
    Cakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add your menu, prices, and pickup or delivery zones, and use one form for every order request.
    Create a free Cakery page
Worth knowing

A few things Georgia bakers should know.

  • HB 398 took effect July 1, 2025 and removed the cottage food license, the sales cap, and the limit on retail and restaurant sales.
  • Out-of-state shipping is still not allowed under cottage food law.
  • Cities and counties cannot require an additional cottage food permit, but they can still require local business licenses, signage, and zoning compliance.
  • Products sold through retailers must be in a clearly identified cottage food section so consumers know they are buying a home-produced item.
  • Keep your food safety certificate and label samples easily available in case GDA requests them.
Recent changes

Recent and upcoming changes in Georgia.

  • July 1, 2025HB 398 took effect: removed the state cottage food license, eliminated the sales cap, and authorized cottage product sales to retail stores and restaurants in Georgia.
FAQ

Georgia cottage food FAQ.

Do Georgia cottage bakers still need a license?
No. Effective July 1, 2025, HB 398 removed the state cottage food license. You still need to complete a food safety course and follow labeling rules, and you may need a local business license.
Is there a sales cap?
No. Georgia removed the prior $5,000 cap. There is no statewide cottage food sales cap.
Can I sell to grocery stores or restaurants?
Yes. HB 398 added authorization for retail and restaurant sales. The retailer must display cottage products in a clearly identified section so consumers know what they are buying.
Can I ship cottage food out of Georgia?
No. Interstate shipping is still not allowed under cottage food law. You can ship anywhere in Georgia.
Do I need food safety training?
Yes. You must complete a basic food safety course such as ServSafe Food Handler or another ANSI-accredited program.
Can I sell cream cheese frosting or cheesecake?
No. Anything that requires refrigeration is a TCS food and is excluded from the cottage food program.
What is the required label statement?
Each label must include a statement that the product was produced in a home kitchen that is not subject to state inspection and may contain allergens. Refer to the GDA HB 398 FAQ for the current exact wording and format.
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Last verified May 2, 2026. This page is a plain-English summary of Georgia cottage food laws and is not legal advice. Cottage food rules change, and local health departments often add their own requirements. Always confirm the current rules with the Georgia agency listed in the official resources above before you sell, ship, or label a product.