Georgia Cottage Food Law
Tier: Okay. Sales caps under $25,000 and/or limited sales channels. Operable for a side business but you'll likely outgrow the rules at scale.
None
Since July 2025 (HB 398), Georgia allows almost any non-potentially hazardous food, including baked goods, candies, condiments (mustards, nut butters, oils, pickles, syrups, vinegars), dry goods, pastries, preserves, snacks, and carbonated drinks. Georgia also allows interstate sales of cottage food products, which is rare among states.
Registration: No. Food handler cert: Yes (specific course).
Georgia Code O.C.G.A. §§26-2-470 through 26-2-478 (enacted by HB 398, 2025); formerly Georgia Rules and Regulations Chapter 40-7-19 (Cottage Food Regulations)
Verbatim excerptRule 40-7-19-.01 Purpose: The purpose of this Chapter is to allow individuals using home kitchens to prepare, manufacture, and sell non-potentially hazardous foods to the public. Rule 40-7-19-.02 Definitions: (3) 'Cottage food operator' means a person who produces cottage food products only in the home kitchen of that person's primary domestic residence and only for sale directly to the consumer. (4) 'Cottage food products' means non-potentially hazardous baked goods, jams, jellies, preserves, and other non-potentially hazardous foods produced in the home kitchen of a domestic residence. (11) 'Home kitchen' means a kitchen primarily intended for use by the residents of a home. It may contain one or more stoves or ovens, which may be a double oven, designed for residential use. It must not include commercial types of equipment. Rule 40-7-19-.05 Cottage Food Limitations: (1) May only produce non-potentially hazardous foods. Examples include: (a) Loaf breads, rolls, and biscuits; (b) Cakes (except those that require refrigeration due to cream cheese icing, fillings, or high moisture content such as tres leche); (c) Pastries and cookies; (d) Candies and confections; (e) Fruit pies; (f) Jams, jellies, and preserves; (g) Dried fruits; (h) Dry herbs, seasonings and mixtures; (i) Cereals, trail mixes, and granola; (j) Coated or uncoated nuts; (k) Vinegar and flavored vinegars; (l) Popcorn, popcorn balls, and cotton candy.
Source: rules.sos.ga.gov/gac/40-7-19 →
Georgia Cottage Food Law — Full PDF report
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Cottage Food Update: House Bill 398 & Frequently Asked Questions
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- Georgia Department of Agriculture (GDA)https://agr.georgia.gov/sites/default/files/documents/assets/Cottage-Food-Update-HB398-Frequently-Asked-Questions.pdf
House Bill 398 updates the production and sale requirements for cottage food items in Georgia. Governor Brian Kemp signed HB 398 on May 13, 2025. HB 398 officially takes effect on July 1, 2025.
House Bill 398 FAQ
- HB 398 is a new law that updates the production and sale requirements for cottage food items in Georgia. Governor Brian Kemp signed HB 398 on May 13, 2025. HB 398 officially takes effect on July 1, 2025.
- HB 398 keeps much of the current cottage food system, with positive modifications. Under HB 398, Georgians may still produce non-potentially hazardous food items at home.
- Producers may then sell those cottage food items to consumers directly or to retail food sales establishments like grocery stores, convenience stores, or restaurants.
- Consumers are informed by product labels, signage and separation at the point of sale, or verbally, that the cottage food product was produced at a residential property and about the producer.
- Removed Licensing Requirement. Cottage food operators no longer need to obtain a license with the Georgia Department of Agriculture (GDA) or pay a licensing fee to the state.
- Expanded Sales. Prior to HB 398, cottage food operators could only sell products directly to consumers. Now, cottage food operators may also sell their products to retail food sales establishments like grocery stores, restaurants, and convenience stores.
- Fewer Inspections. With no licensing requirement, GDA will no longer conduct pre-licensing inspections at a cottage food operator's residence. GDA will still investigate consumer complaints, reports of foodborne illness, and public health emergencies.
- New Identification Number. Cottage food operators uncomfortable with providing their address on labels may request an "Identification Number" to use instead. You can obtain this number from GDA by using the form provided on the GDA cottage food webpage.
- Opt Out. Under HB 398, each city or county in Georgia may choose to pass an ordinance prohibiting cottage food operators from selling cottage food items through third-party vendors (e.g. grocery stores, restaurants, or convenience stores) within its jurisdiction.
- Restrictions on Local Government. HB 398 prohibits cities or counties from directly regulating cottage food except through the "opt out". HB 398 also prevents cities or counties from prohibiting commercial delivery companies from delivering cottage food items.
- Other Local Requirements Still Apply. HB 398 does not affect general local requirements like business licensing or zoning. Consult with your local authorities, as needed.
- Now that HB 398 is effective, GDA will propose new regulations to implement the law. Prior regulations (https://rules.sos.state.ga.us/gac/40-7-19) will be amended, including by repealing portions inconsistent with HB 398 like licensing requirements and more restrictive sales.
- GDA will use its enforcement discretion in the meantime when an old requirement is no longer supported by HB 398, like the licensing requirement.
- Keep an eye on GDA's Legal Notices webpage for proposed rules: https://agr.georgia.gov/news/legal-notices.
- Cottage food webpage: https://agr.georgia.gov/cottagefood
- Email: cottagefoodinfo@agr.georgia.gov
- Telephone: (404) 656-3627
Reproduced from the official GDA Cottage Food Update FAQ (HB 398). Verify current rules with GDA and your local city or county.
Georgia Counties
159 counties tracked. Pick yours for the local zoning + health department links.
View all 159 counties →City zoning rules in Georgia
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
The Cottage Baker's Field Guide (PDF)
A 6-page reference covering all 51 jurisdictions with methodology and tier explainers — same data as this directory, ready to print and tape to your wall.
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Georgia cottage food law — FAQ
Do I need a license or permit to sell homemade food in Georgia?
Yes — No. Food handler certification: Yes (specific course).
What foods can I sell under the Georgia cottage food law?
Since July 2025 (HB 398), Georgia allows almost any non-potentially hazardous food, including baked goods, candies, condiments (mustards, nut butters, oils, pickles, syrups, vinegars), dry goods, pastries, preserves, snacks, and carbonated drinks. Georgia also allows interstate sales of cottage food products, which is rare among states.
Is there a sales cap for cottage food in Georgia?
None
How good is Georgia's cottage food law?
Georgia is a Okay-tier cottage food state by Crosodo's rating criteria. Sales caps under $25,000 and/or limited sales channels. Operable for a side business but you'll likely outgrow the rules at scale.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Georgia Department of Agriculture and your local health department before relying on this data.