Current Law Details
HB 398 (effective July 1, 2025) eliminated state licensing requirements, transforming Georgia from moderate to one of most permissive states. No license, fees, or inspections required. ANSI food safety training mandatory. Unlimited sales allowed. Can sell direct-to-consumer AND to retail stores/restaurants (check local ordinances). Online sales within Georgia permitted. No interstate shipping. Among most permissive cottage food states nationally.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- Yes
- Type
- ANSI-accredited food safety training (Food Handler level sufficient)
Labeling Requirements
Required Statement
"MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO STATE FOOD SAFETY INSPECTIONS"
Additional Label Elements
- ✓Cottage food operation name
- ✓Physical address OR Department-issued identification number (optional privacy registration)
- ✓Product name
- ✓Ingredients list (in descending order by weight)
- ✓Net weight or volume
- ✓Allergen information (if applicable)
Allowed Sales Venues
Direct-to-consumer: farmers markets, roadside stands, craft fairs, festivals, non-profit/for-profit events, online sales (GA residents only), mail order (within GA), home-based sales. Third-party vendor sales (NEW as of July 2025): retail food stores, grocery stores, restaurants, convenience stores. Third-party vendors must display cottage food products in separate, clearly labeled section. Local governments may prohibit third-party vendor sales through formal ordinance - verify with city/county before approaching retail partners.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Allowed
Can ship anywhere within Georgia via USPS, UPS, FedEx, or other carriers. Can offer local delivery. Interstate shipping prohibited - cannot ship across state lines or sell to customers in other states. Online platforms must restrict sales to Georgia addresses only.
Allowed Foods
Non-potentially hazardous foods only (foods that can be safely stored at room temperature). Allowed: loaf breads, rolls, biscuits, cakes, pastries, cookies, muffins, fruit pies (no cream/custard/meat pies), hard candies, lollipops, non-perishable confections, jams, jellies, preserves, dried fruits, dry herbs/seasonings/mixtures, cereals, trail mixes, granola, coated/uncoated nuts, vinegar, flavored vinegar, popcorn, popcorn balls, cotton candy, dry mixes. Prohibited: meat/poultry, fish/seafood, shellfish, eggs, milk/dairy, cheese/cream products, cooked vegetables, baked potatoes, tofu, mushrooms, raw sprouts, untreated garlic/oil mixtures, cream/custard/meat pies, fruit butters, acidified foods, low-acid canned goods (except jams/jellies), cooked vegetable products, beverages, pet treats.
Recent Legislative Updates
HB 398
Effective: July 1, 2025
MAJOR DEREGULATION: Eliminated state licensing requirements (no license, no fees, no routine inspections), allowed retail and restaurant sales, removed home address labeling requirement (optional identifier available), established state preemption over most local regulation (except third-party sales bans)
Important Warnings & Notes
- ⚠️MAJOR CHANGE: HB 398 (effective July 1, 2025) eliminated state licensing, fees, and inspection requirements while allowing retail and restaurant sales
- ⚠️Local governments may still prohibit third-party vendor sales (retail/restaurants) through ordinance - MUST verify with city/county before pursuing retail partnerships
- ⚠️ANSI food safety training still required despite elimination of licensing - Food Handler level sufficient (not Food Manager)
- ⚠️Local zoning and home-based business regulations still apply - verify no local ordinances prohibit home-based food business
- ⚠️Individual farmers markets may require additional licensing beyond state cottage food law - verify with each market
- ⚠️No interstate shipping - limited to Georgia customers only
- ⚠️Products must be stored on business premises only
- ⚠️Must allow GDA inspections in response to complaints or illness investigations
- ⚠️Cannot produce during domestic activities - separate food prep from family kitchen use
- ⚠️No commercial-grade equipment allowed - residential kitchen equipment only
- ⚠️Cannot use home-canned produce as ingredients (except jams/jellies)
- ⚠️Sample products don't need labels but must have properly labeled packages on display with samples
- ⚠️Cottage food statement must appear on shipping container or invoice when products are shipped/mailed
- ⚠️Private well users: annual testing required for coliforms and nitrates ($100 annually through Georgia Department of Agriculture)
- ⚠️Private septic users: must verify system capacity is adequate with county health department before starting
- ⚠️Former license holders can use their old license number as identifier; new operators must apply for identifier through registration
- ⚠️Not exempt from Georgia tax laws - must comply with sales tax and income tax requirements
- ⚠️Cannot use reduced oxygen packaging
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •Georgia House Bill 398 (2025)
- •Georgia Administrative Code Rule 40-7-19
- •Georgia Department of Agriculture - Cottage Food Program
- •Georgia Code Title 26 (Food, Drugs, and Cosmetics)
- •Forrager.com - Georgia Cottage Food Law
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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