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Cottage food law & license in Clarke County, GA

Can I sell cottage food from home in Clarke County, Georgia?
Yes — Georgia allows cottage food sales under a Okay-tier law (cap: None). Locally: home kitchens are allowed; home occupation permit required. Last verified May 5, 2026. Confirm with Georgia Department of Agriculture and the Clarke County health department before you sell.
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Clarke County Permits 101 for Clarke County, Georgia (77 pages). After you pay, you get lifetime access to premium dashboard features. Unlock the permit planning workspace on your dashboard.

Sample table of contents for Clarke County Permit Guide 101
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Can I sell this in Clarke County?

Georgia cottage food — common first products

County zoning cannot expand a state ban. Check the product, then the local rules on this page.

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What's in the Clarke County permit report

Permit Guide 101 cover for Clarke County
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Permit Guide 101 table of contents for Clarke County
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How to start in Clarke County

Permit, label, and local steps for selling under Georgia cottage food rules in Clarke County. Not legal advice.

  1. Confirm your menu under state law

    Georgia cottage food rules control what you may make at home (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.). Clarke County cannot expand a food the state bans.

  2. Map channels and local sales rules

    State sales cap: No cap. On-site / porch pickup in Clarke County: Conditional. Prefer markets or off-site pickup if residential customer traffic is restricted.

  3. Local permits, tax, and home occupation

    Home occupation permit: Yes. Many places still need a general business license or tax certificate even when the state has no cottage food “permit.” Check planning, the clerk, and any HOA or lease before advertising your address.

  4. Training, registration, inspection

    State registration: No. Local inspection in Clarke County: Upon-complaint. Finish food handler training early — markets often ask for a copy.

  5. Labels that match the state

    Print labels with Georgia disclaimer and allergen rules before market day. Use the free Georgia label page for the one-pager checklist and mockup.

  6. Insurance and first sales

    Farmers markets often require a certificate of insurance. Soft-launch with pre-orders, keep a sales log, and re-verify rules if you change products or venues.

Label checklist

What usually goes on the package

  • Product name (common or usual name of the food)
  • Business or producer name
  • Producer address (or address alternative your state allows)
  • Ingredients in descending order by weight
  • Major allergen disclosures (e.g. wheat, milk, eggs, soy, tree nuts, peanuts, fish, shellfish, sesame)
  • Net weight or quantity
  • Home-kitchen disclaimer: “This product was produced at a residential property that is exempt from state inspection. This product may contain allergens.”

Planning checklist only. Confirm with state and local agencies before you sell.

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 reports below for a portable summary, and always re-check official sources before you sell.

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Clarke County cottage food reports

What permits in Clarke County?

Home cottage-food permit stack — zoning, health, license, and what the state does not require.

Cover of Clarke County county cottage food report
Clarke County county report

Zoning, permits, health department rules, and local sources for Clarke County.

Download county report
Cover of Georgia cottage food law PDF report
Georgia state report

Full Georgia License & Permit Guide (476 pages). Statute, all counties, and official source links.

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What's insideSample table of contents — Fairfax County Permit Guide 101
State law applies

Tier: 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.

Georgia cottage food law →
County registration

Health department

Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.

Local zoning

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.

County rules

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
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 & permitting
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
Customer-facing
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)).
Zoning code
Relevant code section
Athens-Clarke County Unified Development Code, Section 9-15-16 (Home Occupations); O.C.G.A. §26-2-470 et seq.
Local notes

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 statute (state law)

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)

Citation: O.C.G.A. §26-2-470 et seq. (eff. July 2025); prior: GA R&R 40-7-19
Verbatim excerpt

Rule 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
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Clarke County Permit Guide $26

This page stays free — the Clarke County statute, zoning notes, and official links. Permit Guide 101 is the paid packet (77 pages): the home cottage-food permit stack (zoning, health, and business license), the checklist, and the dashboard workspace. That packet is not on this free page.

Sample table of contents for Clarke County Permit Guide 101
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Common questions

Clarke County cottage food — FAQ

Do I need a permit to sell cottage food in Clarke County, Georgia?

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. State cottage food registration may also apply — check the Georgia guide at https://crosodo.com/states/georgia.

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).. Non-TCS baked goods are often exempt from kitchen inspection under state cottage food law, but local rules can differ.

What foods can I sell under Georgia cottage food law in Clarke County?

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. County zoning does not expand the state product list — if a food is banned by Georgia, it stays banned. Verify with the state agency before selling.

What is the sales cap for cottage food in Georgia?

Georgia state law lists cottage food sales at None. There is typically no separate county sales cap, but local permits or zoning can still limit operations.

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.

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Unlimited Pass. Your journey to getting permitted for cottage food sales. Premium dashboard tools, unlimited state and county reports, and the 50-state label report. Lifetime access. Includes the full Georgia License & Permit Guide (476 pages).

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Quick comparison

Clarke County vs. bordering counties

RegulationClarke County
This county
Barrow CountyJackson County
Home kitchen allowedYesYesYes
Separate dedicated kitchenNoNoNo
Pets allowedPrivate 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 requiredUpon-complaintUpon-complaintUpon-complaint
On-site customer pickupConditionalYesYes
On-site signageNoConditionalConditional
Delivery / pickupACC 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 permitYesVariesVaries
Local business licenseYesVariesVaries
RestrictionsSince 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 storageNon-TCS foods. Stored in food-safe containers.No specific statutory storage requirements.Non-TCS shelf-stable products must be stored appropriately.
Population128,86484,39977,033
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