Cottage food laws in Clarke County, GA
Clarke County, Georgia — zoning, permits, health department links, and free PDF reports for home bakers (2026).
Clarke County is a county in Georgia (pop. 128,864). Under Georgia's Okay-tier cottage food law (sales cap: None), home bakers must still clear local zoning and health rules in this county. Registration path: No. Start with Georgia Department of Agriculture (state cottage food page linked below), then confirm Clarke County health and planning requirements via the planning / zoning links on this page. Local notes for Clarke County: home kitchen allowed; inspection not required; home occupation permit required. Key finding: Section 9-15-16(L) states 'No food service regulated by the Department of Health shall be permitted' as a home occupation — this may create tension with cottage food operations if they are classified as food service by the Department of Health, though HB 398 (2025) removed the GDA licensing requirement. The $20 Home Occupation permit is required before obtaining a Business Occupation Tax certificate. ACC Home Business Permits page (accgov.com) also confirmed. ACC is a consolidated city-county government. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
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Clarke County cottage food reports
Zoning, permits, health department rules, and local sources for Clarke County.
County PDFTier: Okay
Georgia has an Okay-tier cottage food law — meaningful sales caps and/or limited channels. Operable for a side business, but you'll likely outgrow the rules if you want to go full-time.
View state law →Health department
Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.
Home occupation rules
The county or city zoning code governs whether you can run a home-based food business — customer visits, signage, employees, floor area.
Home kitchen, inspection, and zoning rules for Clarke County
State baseline: O.C.G.A. §26-2-470 et seq. (eff. July 2025); prior: GA R&R 40-7-19
- Home kitchen allowed
- Yes
- Restrictions
- Since July 1, 2025 (HB 398): no license or fee required, no GDA licensing inspections (complaint-based only), interstate sales allowed, wholesale/retail/online/restaurant sales allowed. Broad permitted foods list. Food handler certification still recommended but not required by new law. A Home Occupation Permit ($20) is required from Athens-Clarke County Planning Department before obtaining a business occupation tax certificate.
- Separate dedicated kitchen
- No
- Pet restrictions
- Private water testing (annual coliform test) still required if using a private water source.
- Water supply
- If using private water source: annual coliform testing required per GA R&R 40-7-19 (still applicable post-HB 398).
- Handwashing
- Required per food safety good practices.
- Food storage
- Non-TCS foods. Stored in food-safe containers.
- Inspection required
- Upon-complaint
- Inspection trigger
- GDA may inspect upon complaint (complaint-based only per HB 398, 2025).
- Home occupation permit
- Yes
- Permit details
- Athens-Clarke County requires a Home Occupation Permit ($20 fee) before a business may operate from a home. The permit is required under Section 9-15-16 of the Athens-Clarke County Unified Development Code. Key restrictions: (1) Direct sales on premises generally not permitted, except for services customarily incidental (mail order and online sales are allowable); (2) No external display of products; (3) No signs on property advertising the home occupation; (4) Maximum one non-resident employee; (5) Business must occupy no more than 25% of habitable floor space; (6) No chemicals or equipment beyond normal domestic residence. Note: Section 9-15-16(L) explicitly states 'No food service regulated by the Department of Health shall be permitted' — cottage food operators using the GDA framework should consult ACC Planning to confirm applicability post-HB 398.
- Local business license
- Yes
- On-site customer pickup
- Conditional
- On-site signage
- No
- Delivery / pickup
- ACC Home Occupation rules restrict direct on-premises sales (see above). Mail order and online sales are explicitly allowed. Post-HB 398 (2025), Georgia state law broadly permits all sales channels; however, ACC Home Occupation restrictions on direct customer traffic and on-premises sales may limit home pickup for cottage food operations.
- Max employees in home
- Maximum one non-resident employee permitted under ACC Home Occupation rules (Section 9-15-16(C)).
- Relevant code section
- Athens-Clarke County Unified Development Code, Section 9-15-16 (Home Occupations); O.C.G.A. §26-2-470 et seq.
Key finding: Section 9-15-16(L) states 'No food service regulated by the Department of Health shall be permitted' as a home occupation — this may create tension with cottage food operations if they are classified as food service by the Department of Health, though HB 398 (2025) removed the GDA licensing requirement. The $20 Home Occupation permit is required before obtaining a Business Occupation Tax certificate. ACC Home Business Permits page (accgov.com) also confirmed. ACC is a consolidated city-county government.
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)
Full Georgia state report (with PDF download) →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 →
Clarke County cottage food — FAQ
Is a home kitchen allowed for cottage food in Clarke County, Georgia?
According to our research: home kitchen is allowed. Restrictions: Since July 1, 2025 (HB 398): no license or fee required, no GDA licensing inspections (complaint-based only), interstate sales allowed, wholesale/retail/online/restaurant sales allowed. Broad permitted foods list. Food handler certification still recommended but not required by new law. A Home Occupation Permit ($20) is required from Athens-Clarke County Planning Department before obtaining a business occupation tax certificate.
Is a health inspection required for home bakers in Clarke County?
Inspection: Upon-complaint. Trigger: GDA may inspect upon complaint (complaint-based only per HB 398, 2025)..
Do I need a home occupation permit in Clarke County?
Home occupation permit: Yes. Athens-Clarke County requires a Home Occupation Permit ($20 fee) before a business may operate from a home. The permit is required under Section 9-15-16 of the Athens-Clarke County Unified Development Code. Key restrictions: (1) Direct sales on premises generally not permitted, except for services customarily incidental (mail order and online sales are allowable); (2) No external display of products; (3) No signs on property advertising the home occupation; (4) Maximum one non-resident employee; (5) Business must occupy no more than 25% of habitable floor space; (6) No chemicals or equipment beyond normal domestic residence. Note: Section 9-15-16(L) explicitly states 'No food service regulated by the Department of Health shall be permitted' — cottage food operators using the GDA framework should consult ACC Planning to confirm applicability post-HB 398.
What is the Georgia cottage food sales cap?
Georgia state law caps cottage food sales at None. County rules may add permits or zoning limits on top.
Where to verify Clarke County rules
Clarke County vs. bordering counties
| Regulation | Clarke County This county | Barrow County | Jackson County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | Private water testing (annual coliform test) still required if using a private water source. | Not specified in revised law. | Private water testing (annual coliform) required if using a private water source. |
| Inspection required | Upon-complaint | Upon-complaint | Upon-complaint |
| On-site customer pickup | Conditional | Yes | Yes |
| On-site signage | No | Conditional | Conditional |
| Delivery / pickup | ACC Home Occupation rules restrict direct on-premises sales (see above). Mail order and online sales are explicitly allowed. Post-HB 398 (2… | All channels open under HB 398: direct, indirect, retail, wholesale, online, restaurant, interstate. | Since July 2025, wholesale, retail, online, restaurant sales, and interstate sales all allowed. Broad allowed food list under HB 398. |
| Home occupation permit | Yes | Varies | Varies |
| Local business license | Yes | Varies | Varies |
| Restrictions | Since July 1, 2025 (HB 398): no license or fee required, no GDA licensing inspections (complaint-based only), interstate sales allowed, who… | Same as all Georgia counties under HB 398 (eff. July 2025): no license or fee required; complaint-based inspections only; broad non-PHF foo… | Home kitchen in primary domestic residence allowed. Since July 2025 (HB 398), no license or fee required. Complaint-based inspections only.… |
| Food storage | Non-TCS foods. Stored in food-safe containers. | No specific statutory storage requirements. | Non-TCS shelf-stable products must be stored appropriately. |
| Population | 128,864 | 84,399 | 77,033 |
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