Georgia Cottage Food Law

GDA-issued ID number that a cottage food operator may use on labels in lieu of the home address (OCGA 26-2-473(a)(1)(B)). The name and telephone number are still required; only the address is replaced. Request the number by submitting the form on the GDA cottage food page or contacting cottagefoodinfo@agr.georgia.gov. Useful for producers wholesaling to retailers or shipping by in-state mail who do not want a residential address on a label sitting on a grocery shelf.

Counties and municipalities may, after a public hearing held 15 to 45 days after publishing newspaper notice, adopt an ordinance prohibiting cottage food operators from selling through third-party vendors (grocery stores, restaurants, convenience stores) within the jurisdiction. The opt-out applies only to third-party sales — direct-to-consumer cottage food is preempted from local regulation under OCGA 36-60-33 and may not be prohibited.

Do I need a license to sell cottage food in Georgia under HB 398?

No. HB 398, signed by Governor Brian Kemp on May 13, 2025 and effective July 1, 2025, eliminated the prior Georgia Department of Agriculture cottage food license and its $100 annual fee. There is no longer any state license, registration, application form, or pre-operational inspection required to operate as a cottage food operator in Georgia. The Georgia Department of Agriculture still investigates consumer complaints, reports of foodborne illness, and public health emergencies, but it no longer issues cottage food licenses. Old GDA guidance pages and many third-party cottage food websites still describe the pre-HB-398 license requirement — those are out of date and the statute controls.

Is there a revenue cap on Georgia cottage food sales?

No. Georgia has no statutory revenue cap on cottage food sales under the new Article 19 of OCGA Chapter 26-2. A producer can sell $5,000 or $200,000 a year of cottage food and the framework does not change. Georgia is one of several states (alongside Ohio, Pennsylvania, New York, and neighboring Alabama, South Carolina, and Tennessee) where there is no "you are under this dollar number" tier — the constraints that replace the cap are the food list, the label rule, the in-state-only restriction, and any local-government third-party opt-out ordinance under OCGA 26-2-478.

Can Georgia cottage food operators sell to grocery stores and restaurants?

Yes. This is the single biggest change HB 398 made. Under the prior rule, Georgia cottage food was direct-to-consumer only and explicitly prohibited wholesale, hotel, restaurant, or institutional sales. Under HB 398 (OCGA 26-2-472), cottage food production operations may sell to retail food sales establishments including grocery stores and restaurants, and HB 398 broadened the term "seller" in OCGA 26-2-470 to include third-party vendors. The retailer must display cottage food items in a separate section or display case, conspicuously labeled as containing cottage food items that are exempt from state inspection (OCGA 26-2-473(d)). OCGA 26-2-472 separately requires any retail food sales establishment that sells cottage food to post signage, to specifications set by the Georgia Department of Agriculture, stating that cottage food products are not subject to commercial food regulations or inspection.

Can I ship Georgia cottage food across state lines?

No. HB 398 (OCGA 26-2-477) explicitly preserves federal law, including federal restrictions on the sale of food items in interstate commerce. Online and mail-order sales within Georgia are authorized under OCGA 26-2-472, but the moment a package crosses a state line, federal jurisdiction applies and the cottage food exemption does not extend to it. A producer who wants to ship out of state has to either operate from a licensed commercial production environment or limit sales to Georgia addresses. Several third-party state law summaries incorrectly describe Georgia as authorizing interstate sales — the statute does not.

Can I make hot sauce, salsa, or fermented foods under Georgia cottage food law?

Confirm with the Georgia Department of Agriculture before you make them. OCGA 26-2-470(7) defines non-potentially hazardous foods as foods that do not require temperature control for safety, and says the term "includes, but is not limited to" a list of examples. That list names dill pickles, which is unusual among cottage food states. It does not name hot sauce, salsa, fermented vegetables like sauerkraut or kimchi, or kombucha. Because the list is open-ended, the statute does not settle whether those products qualify, and GDA has not yet adopted rules implementing HB 398. Until GDA answers in writing, treat any acidified or fermented product other than dill pickles as unconfirmed. Any product that moves in interstate commerce is subject to federal law regardless (OCGA 26-2-477(1)).

What does HB 398 require on a Georgia cottage food label?

OCGA 26-2-473(a) requires every cottage food product to display the business name, address, and telephone number of the cottage food operator OR, in lieu of the address, an identification number issued by the Georgia Department of Agriculture upon written request, plus the following statement in at least 10-point font: "This product was produced at a residential property that is exempt from state inspection. This product may contain allergens." The disclaimer wording is statutory and may not be paraphrased. The information must appear on the package, on the bulk container, on a placard at the point of sale for unpackaged items, or on the webpage for internet sales. For phone or custom orders, the seller may disclose the information verbally instead. Some GDA pages still show the pre-HB-398 statement "MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO STATE FOOD SAFETY INSPECTIONS"; the statute now prescribes the wording above.

Can my city or county prohibit my Georgia cottage food business?

Mostly no. New OCGA 36-60-33, added by HB 398, prohibits counties and municipalities from regulating cottage food items except through a single specific opt-out. Under OCGA 26-2-478, a county or municipality may, after holding a public hearing 15 to 45 days after publishing notice in a local newspaper, adopt an ordinance prohibiting cottage food operators from selling through third-party vendors (grocery stores, restaurants, convenience stores) within its jurisdiction. The opt-out applies only to third-party sales, not to direct sales. Local governments also retain their general authority over business licensing and zoning, and commercial delivery is explicitly protected — OCGA 36-60-33 prohibits local governments from blocking commercial delivery companies from delivering cottage food items.

Do I need food safety training under Georgia cottage food law after HB 398?

The statute is silent, but the agency still lists it — so confirm with GDA. HB 398 itself contains no food safety training requirement; OCGA 26-2-470 through 26-2-478 do not mention it. The pre-HB-398 administrative rule at Georgia Administrative Code Chapter 40-7-19 required an ANSI-accredited food safety training class as part of the now-eliminated registration, and that rule has not yet been amended. As of September 2026, the GDA cottage food page still states that "Cottage Food Operators must complete an American National Standards Institute (ANSI) accredited food safety training program." GDA has said it will amend 40-7-19 to repeal portions inconsistent with HB 398 and will use enforcement discretion in the meantime, but it has not said whether the training requirement survives. Until GDA confirms in writing, completing an ANSI-accredited course is the cautious choice.