Alabama Cottage Food Laws

A Comprehensive Guide to Alabama Cottage Food Laws

This guide provides an in‑depth look at Alabama’s cottage food law, covering allowed foods, sales limits, registration, labeling, sales venues, training, and practical steps to launch a compliant home‑based food business. Based entirely on official and recent sources.

Quick Facts

Overview / Introduction

Alabama’s cottage food law allows individuals to produce and sell certain non‑potentially hazardous foods (that do not require time or temperature control for safety) from a home kitchen, exempting them from full permitting and routine inspections by the Alabama Department of Public Health (ADPH) (legalclarity.org). A 2021 law revision removed the previous annual gross sales cap, meaning there is no state‑mandated sales limit under current law (legalclarity.org).

Sales Limits

• No current state cap on annual gross sales—the previous $20,000/year limit was removed in the 2021 update (legalclarity.org). • However, some secondary sources may still reference outdated limits—for example, certain guides cite a $20,000 cap (foodhandlersguide.com). Always rely on the legal revision reflected by the ADPH and Agricultural Extension.

Licensing & Registration

• There is no state permit or fee required to operate as a cottage food business, though producers must submit their operation information to their county health department for review before selling—“local county health departments may charge a nominal fee” (legalclarity.org). • Some secondary summaries (e.g., StandScout) confirm no state permit is needed and no fees are required (standscout.com).

Training Requirements

• Food safety training is required—producers must obtain certification via an ANSI‑accredited or otherwise ADPH‑approved course; such certification is typically valid for up to three years (pinemountain.info). • StandScout likewise confirms training is required, listing options like ServSafe or Extension courses (standscout.com).

Home Kitchen Inspection

• Routine kitchen inspections are not required under current law, as the operation is exempt from commercial food facility rules (legalclarity.org). • That said, health authorities may investigate in response to complaints or apparent violations (foodmicrobiology.academy).

Allowed Foods

Alabama allows a wide range of non‑potentially hazardous foods, including:

• Baked goods: cakes, cookies, pastries (without refrigerated fillings), cheese straws (goairmart.com). • Confections: candies, popcorn, candied/roasted nuts, chocolate‑covered fruits, dried baking mixes, spices (goairmart.com). • Preserves and dried products: jams, jellies, fruit preserves, marmalades, dried herbs, dehydrated fruits/veg (some require pH or water‑activity testing) (goairmart.com). • Other items: roasted coffee, infusables (vinegar, nut butters) subject to testing or safety verification (goairmart.com).

Note: Some dried or fermented products may require specific safety testing for pH (<4.2) or water activity (<0.88) before sales (legalclarity.org).

Prohibited Foods

Prohibited items include those that are potentially hazardous and require refrigeration or pose safety risks, such as:

• Any products containing meat, poultry, fish, or dairy requiring refrigeration (e.g. soft cheeses, custard, cream‑filled pastries) (legalclarity.org). • Cold‑filled or frosting pastries, cheesecakes, ice cream, juices, beverages, garlic in oil, vegetable pizzas, barbecue sauce (per some lists) (goairmart.com). • Items needing preservation control like canned vegetables, pickles, low‑acid sauces, fermented foods unless lab‑tested/verified (legalclarity.org).

Labeling Requirements

Labels must include (exact wording where specified):

• Product name (common or usual name) (foodhandlersguide.com). • List of ingredients, in descending order by weight (foodhandlersguide.com). • Name and physical address of the cottage food operator (P.O. Box may not be sufficient according to some sources) (foodhandlersguide.com). • Allergen disclosure (peanuts, tree nuts, milk, eggs, soy, wheat, fish, shellfish) (foodhandlersguide.com). • Net weight or volume (in some guides) (foodhandlersguide.com). • Production date and storage instructions mentioned in some secondary sources (foodhandlersguide.com). • Disclaimer: e.g., “This product is home produced” or “This food is not inspected by the Alabama Department of Public Health” (goairmart.com). • Minimum 10‑point font for labeling elements (goairmart.com).

Note: Some secondary guides include extra elements (like production date) not confirmed in official law; verify with county health department.

Where You Can Sell

Under Alabama’s law, sales must be direct to the end consumer within the state. Permitted venues include:

• From your home (pickup or delivery) (legalclarity.org). • Farmers markets, roadside stands, fairs, festivals, and similar community events (legalclarity.org). • Online or phone orders with in‑state delivery or pickup only—no interstate shipping (legalclarity.org).

Prohibited channels include: • Wholesale to retail stores or restaurants (no resale) (legalclarity.org). • Shipping out of state or via mail carriers (no interstate commerce) (legalclarity.org).

Sales Tax

• Although not specified directly in ADPH sources, secondary summaries note that sales tax license is required, and sales tax must be collected at the standard rates (goairmart.com). • The Alabama state sales and use tax on food is 3% as of September 2024; local jurisdictions may add their own taxes (revenue.alabama.gov).

Special Exemptions

• There is no annual sales limit at the state level—a notable exemption following the 2021 revision (legalclarity.org). • Grower’s Permit: separate from cottage food law; applies to raw produce and does not cover processed items like jams or pickles—these must follow cottage food rules (pinemountain.info).

Getting Started: Practical Steps

1. Complete an ADPH‑approved food safety course (ANSI‑accredited), valid up to 3 years (pinemountain.info).
2. Prepare your product list and labeling ensuring compliance (product name, ingredients, allergen info, operator name/address, disclaimer) (foodhandlersguide.com).
3. Submit operation details to your county health department—no state permit; some local nominal fee may apply (legalclarity.org).
4. Set up sales channels: direct sales from home, farmers markets, community events, or in‑state online orders with pickup/delivery only (legalclarity.org).
5. Register with Department of Revenue to collect and remit sales tax (3% plus local) (goairmart.com).
6. Maintain records of training, product batches, sales, labeling, and communications with health department. Be prepared for inquiry or investigation.

Official Resources

• Alabama Farmers Market Authority (part of Alabama Department of Agriculture & Industries) – official cottage food brochure and guidelines (PDF) (fma.alabama.gov). • Alabama Department of Public Health – health code and guidance for cottage food exemptions (search county‑level info) (legalclarity.org). • Alabama Department of Revenue – for sales tax registration and rates (revenue.alabama.gov). • County Health Department – for submission of your review form and local requirements (fees, zoning).

Official Sources

This guide was compiled from the following official sources:

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Important Notes

⚠️ Some secondary sources still reference outdated $20,000 sales cap—rely on official ADPH law revision (2021) stating no limit.

⚠️ Certain labeling elements (e.g. production date, storage instructions) appear in secondary summaries but are not explicitly confirmed—verify with county health department.

⚠️ Sales tax obligations derive from secondary sources—confirm latest requirements with Alabama Department of Revenue.