Georgia Cottage Food Laws

Georgia Cottage Food Law: Comprehensive Guide for Home-Based Food Entrepreneurs

This in‑depth guide covers Georgia’s cottage food law, including what products are allowed, licensing requirements, labeling rules, sales venues, and essential steps to get started—helping aspiring home bakers navigate state regulations confidently.

Quick Facts

1. Overview / Introduction

Georgia’s cottage food law was enacted through House Bill 398, adding Article 19 (OCGA § 26‑2‑470 et seq.) to authorize the production and sale of non‑potentially hazardous foods from a home kitchen under specified conditions. It prohibits alcoholic beverages, foods with cannabis, and raw milk as cottage food items (agr.georgia.gov).

2. Sales Limits

Georgia’s law does not specify an annual gross sales cap—instead, it restricts the types of buyers and sales venues: allowable sales are “directly to a person, including online and by mail order, or to retail food sales establishments” in general statute, but guidance restricts distribution to retail stores, restaurants, or institutions (agr.georgia.gov).

3. Licensing & Registration

To operate legally, you must obtain a Cottage Food License from the Georgia Department of Agriculture:

• Fee: $100 due January 1 annually; those applying after June 30 pay $50 (agr.georgia.gov).
• Application requirements: Include a notarized affidavit, proof of U.S. citizenship, and a copy of an ANSI‑accredited food handler certificate (agr.georgia.gov).
• Once submitted, GDA will conduct a pre‑operational inspection; further inspections occur only following a complaint or foodborne illness (agr.georgia.gov).

4. Training Requirements

An ANSI‑accredited Food Safety Training, such as a standard Food Handler certificate, is required and must be attached to your license application (agr.georgia.gov).

5. Home Kitchen Inspection

GDA requires a pre‑operational inspection of your home kitchen to ensure compliance. Afterward, inspections are conducted only if there's a consumer complaint or foodborne illness investigation (agr.georgia.gov).

6. Allowed Foods

Georgia law defines non‑potentially hazardous foods broadly to include various items produced at home. Examples include:

• Baked goods: loaf breads, rolls, biscuits, cakes (except those needing refrigeration)
• Jams, jellies, preserves (excluding fruit butters)
• Uncut fruits/vegetables, dried fruits
• Dry herbs, seasonings, mixtures, cereals, trail mixes, granola
• Coated/uncoated nuts, vinegars, flavored vinegars
• Confections, fudge, dry soup mixes, roasted coffee beans, dry pasta, popcorn, popcorn balls, cotton candy (agr.georgia.gov).

7. Prohibited Foods

The law expressly excludes alcoholic beverages, foods containing cannabis, and raw milk from cottage food items (agr.georgia.gov). Additionally, guidance indicates that distribution to retail stores, restaurants, or institutions is not allowed (agr.georgia.gov).

8. Labeling Requirements

Packaged cottage food products must include:

• Business name and address
• Common product name
• Ingredients statement in descending order by weight with sub‑ingredients listed
• Net weight or volume
• Allergen declarations per FDA rules (nine major allergens: milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, soybeans, sesame) (agr.georgia.gov).
• Nutrition facts only if nutritional claims are made (source FDA guidance) (agr.georgia.gov).
• The mandatory COTTAGE FOOD STATEMENT in 10‑pt Times New Roman or Arial, legible color:
  “MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO STATE FOOD SAFETY INSPECTIONS.” (agr.georgia.gov).

9. Where You Can Sell

Allowed sales venues include:

• Direct to consumer, including online and mail order sales (agr.georgia.gov).

However, cottage food items are considered an unapproved source, so they cannot be shipped across state lines nor distributed to retail stores, restaurants, or institutions (agr.georgia.gov).

10. Sales Tax

Sales tax requirements are not specified in the reviewed sources. Entrepreneurs should consult the Georgia Department of Revenue or local tax officials to determine if and how sales tax applies.

11. Special Exemptions

Georgia’s law does not apply to foods sold at non‑profit bake sales affiliated with nonprofit, charitable, or religious organizations (agr.georgia.gov).

12. Getting Started

Practical steps for launching a cottage food business in Georgia:

1. Review your local zoning and planning ordinances to confirm home‑based sales are allowed (agr.georgia.gov).
2. Ensure your water supply (public/private) and sewage/septic system comply with health requirements (agr.georgia.gov).
3. Complete an ANSI‑accredited food handler training and obtain the certificate (agr.georgia.gov).
4. Prepare your home kitchen for inspection—ensure cleanliness and compliance with guidelines (rules.sos.ga.gov).
5. Complete the Cottage Food License Application, including notarized affidavit, citizenship proof, training certificate, and required fee (agr.georgia.gov).
6. Undergo the pre‑operational inspection by GDA.
7. Label your products correctly: business name/address, ingredients, allergens, net weight/volume, nutrition (if claims), and the required cottage food statement in specified font and color (agr.georgia.gov).
8. Sell directly to customers or via mail order within Georgia, and always with compliant labels.

13. Official Resources

Useful official resources:

• Georgia Cottage Food Law (HB 398, OCGA § 26‑2‑470 et seq.) (agr.georgia.gov)
• FDA Nutrition Facts Label guidance for nutrition claims (agr.georgia.gov)
• GDA Starting a Cottage Food Business PDF (agr.georgia.gov)
• GDA Cottage Food FAQ and Safety Directives (Note: content not accessible via tool)
• Georgia Cottage Food Regulations (GAC 40‑7‑19) (rules.sos.ga.gov)

Official Sources

This guide was compiled from the following official sources:

• agr.georgia.gov
• agr.georgia.gov
• www.agr.georgia.gov
• rules.sos.ga.gov

Important Notes

⚠️ Sales tax requirements are not covered by the provided sources—consult Georgia Department of Revenue

⚠️ Some helpful FAQs and directives links were inaccessible—verify details on GDA site directly