Credit: Keelworks Legal Research
https://keelworks.org
Georgia Cottage Food Laws

1. Overview
   Georgia’s Cottage Food Law (HB 398, effective July 1, 2025) has made the state highly
   entrepreneur friendly. Key highlights:
    No licensing, fees, or registration required from the Georgia Department of Agriculture
   (GDA).
    No personal address required on product labels; operators can use a GDA-issued
   identifier.
    No routine inspections: only complaint or illness investigations are conducted.
    Businesses can sell non-potentially hazardous, shelf-stable foods directly to consumers
   or through approved retail channels.
2. Starting a Cottage Food Business in Georgia
    Verify local zoning and ordinances with city/county Planning & Zoning offices.
    Test private well water if applicable via the Georgia Department of Agriculture or
   county health office.
    Obtain ANSI-accredited food safety training (e.g., ServSafe™, NRFSP, Prometric). A
   certificate is required for license submission.
3. Allowed Cottage Foods
   Non-potentially hazardous foods that can be made in home kitchens include:
    Breads, rolls, biscuits, cakes, pastries, cookies
    Candies and confections
    Honey (with specific conditions)
    Jams, jellies, preserves
    Fruit pies, dried fruits
    Dry herbs, seasonings, and mixtures
    Homemade pasta
    Cereals, trail mixes, granola
    Coated or uncoated nuts
    Vinegar and flavored vinegars
    Popcorn and popcorn balls
4. Prohibited Foods
    Foods requiring temperature control for safety or potentially hazardous foods are
   prohibited.
    Eggs, milk, or dairy can be used if baked or cooked into allowed foods, rendering them
   safe.
5. Income Limits
    No state-imposed limit on gross sales; operators can continue selling without needing a
   commercial license.
6. Acidity (pH) and Food Safety
    pH determines whether a food is non-potentially hazardous.
    Foods with pH < 4.6 are considered safe, while low-acid foods (pH > 4.6) require
   licensed preparation.
    pH testing can be done with a food-grade pH spear tester.
7. Labeling Requirements
   Georgia requires all cottage food products to have:
    Product name
    Ingredient list in descending order by weight
    Net weight or volume
    Nutritional claims compliant with FDA rules
    Statement in 10-point font:
   “MADE IN A HOME KITCHEN THAT IS NOT SUBJECT TO STATE FOOD
   SAFETY INSPECTIONS.”
8. Allergens on Labels
    Follow FDA’s 9 major allergens: Milk, Eggs, Fish, Crustacean Shellfish, Tree Nuts,
   Peanuts, Wheat, Soybeans, Sesame.
    Include notices of potential allergens or cross-contamination, even if not in the recipe.
9. Sales and Distribution
    Products can be sold:
   o Directly from home to consumers
   o At farmers’ markets, flea markets, consignment tables
   o Online sales are allowed
   o Retail sales: grocery stores, restaurants, convenience stores (new under HB 398)
    Free sampling is allowed if foods remain non-potentially hazardous.
10. Food Handler Training and Best Practices
     ANSI-accredited food safety training is required.
     Online courses can be used to gain certification and display to customers for trust.
11. Safe Practices and Sanitization
     Maintain clean, sanitized work areas and storage
     Prevent cross-contamination
     Restrict pets and sick individuals in the kitchen
     Ensure proper lighting and bug-proofing
     Use food-grade gloves and wash hands frequently
12. Recordkeeping
    Maintain simple, accurate records for:
     Recipes and ingredients
     Preparation processes
     Production dates and batch codes
     Sales dates and locations
     Receipts for traceability in case of complaints
13. Liability Insurance
     Liability insurance is strongly recommended to protect against lawsuits.
     Options include:
    o General liability insurance ($2,000,000 ≈ few hundred $/yr)
    o Bonds ($10,000 ≈ $50/yr, less coverage)
     Provides legal support and peace of mind while running the business.
    Link: https://cottagefoodlaws.com/georgia-cottage-food-laws/

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