Home kitchen laws in Georgia
The plain-English guide to selling food from home in Georgia.
Which laws apply
- Cottage food law
Allowed foods
Allowed (nonpotentially hazardous foods — no temperature control for safety required): loaf breads, rolls, biscuits, cakes (except those whose fillings require refrigeration or have high moisture); jams, jellies, preserves; uncut fruits and vegetables; dried fruits; dry herbs, seasonings, and mixtures; cereals, trail mixes, granola; coated and uncoated nuts; vinegars and flavored vinegars; dill pickles; confections; fudge; dry soup mixes; roasted coffee beans; dry pasta; popcorn, popcorn balls, cotton candy; and nonalcoholic beverages (O.C.G.A. § 26-2-470(7)). Not allowed: any food requiring temperature control for safety — GDA lists meat, poultry, fish, shellfish, eggs, milk and dairy, cooked plant foods, baked potatoes, mushrooms, raw sprouts, tofu/soy-protein foods, untreated garlic-and-oil mixtures; also alcoholic beverages, foods containing cannabis, raw milk (statutorily excluded), fruit butters (where reduced sugar/pectin affects safety), cooked salsas/tomato sauces, apple cider and other beverages, honey/syrup (not classified as cottage foods by GDA), dehydrated meats.
Sales caps
None — HB 398 sets no sales cap, and GDA's official FAQ states the Department has no limits on gross sales or the number of units produced (effective July 1, 2025). No scheduled future cap changes.
Permit steps
- No state license, permit, or registration required since July 1, 2025 — the old GDA cottage-food license and renewal system was eliminated by HB 398.
- Complete an ANSI-accredited food-safety training program (GDA says the Food Handler level is acceptable).
- Optional: request a GDA-issued identification number in writing to use on labels in place of your home address.
- Well-water users must test annually for coliform bacteria and nitrates; only potable water may be used.
- No routine inspections — the Department may inspect only in response to a consumer complaint, a reported foodborne illness, or another public health emergency (inspection is scheduled in advance except in emergencies; the operator may request an administrative warrant).
- Enforcement: first violation gets a written warning; second or subsequent violations carry a civil penalty of up to $75 per violation (O.C.G.A. § 26-2-475).
How to start in Georgia
1. Confirm your products are nonpotentially hazardous — shelf-stable with no refrigeration needed, and not alcohol, cannabis, or raw milk. 2. Complete an ANSI-accredited food-safety training program (the Food Handler level is acceptable to GDA). 3. If you use a private well, have the water tested annually for coliform bacteria and nitrates; use only potable water. 4. Optional (recommended for privacy): send a written request to the GA Department of Agriculture for an identification number to use on labels instead of your home address. 5. Label every product: business name, address or GDA ID number, telephone number, and the statement 'This product was produced at a residential property that is exempt from state inspection. This product may contain allergens.' in at least 10-point font — or show it on a placard at the point of sale or on the product webpage. 6. Choose your channels: sell direct to consumers (farmers markets, events, online, mail order) or to GA grocery stores and restaurants — but check first whether your county/city has adopted an ordinance banning third-party vendor sales, and confirm local zoning allows a home-based food business. 7. Start selling — no state license or registration, no sales cap, no routine inspections. 8. Keep sales inside Georgia (interstate sales trigger FDA/manufactured-food requirements); farmers markets and venues may still impose their own vendor policies.
Recent changes
2025 — HB 398 (Act 193), signed May 13, 2025, EFFECTIVE JULY 1, 2025: the biggest recent change. It created O.C.G.A. §§ 26-2-470 through 26-2-478 (new Article 19, 'cottage food items'), eliminating the state license/registration and the old sales cap, permitting sales to retail food sales establishments (grocery stores, restaurants) and online/mail-order direct sales, adding nonalcoholic beverages to allowed foods, creating the GDA-issued label ID-number option, and setting the limited county/municipality opt-out for third-party vendor sales (O.C.G.A. § 26-2-478, § 36-60-33). No 2026 Georgia bills changing cottage food law and no scheduled future cap or rule changes were verified from primary sources.
Official sources
- HB 398 as passed/signed (gov.georgia.gov) — full text of Act 193, O.C.G.A. §§ 26-2-470–478, § 36-60-33 local opt-out, signed 5/13/2025, effective 7/1/2025
- Georgia Department of Agriculture — Cottage Food page (allowed products, HB 398 summary, ANSI training requirement)
- Georgia Department of Agriculture — Cottage Food FAQ (no sales limits, labeling, online/third-party sales, well water, interstate)
Not legal advice. Rules change — confirm everything with Georgia's health department before selling.