Skip to content

Georgia Cottage Food Laws (2026): No License, Stores OK

Georgia cottage food laws since HB 398: no state license or sales limit, sales to grocery stores and restaurants, online orders, the exact label statement.

By Koa Sterling. Product specialist at TaroStack and small business owner. Yes, I am a real human, and I actually sit in front of a computer and write these articles. Reviewed October 16, 2026 · 6 min read

Georgia rewrote its cottage food law with House Bill 398, in effect since July 1, 2025. A home kitchen can make foods that don't need refrigeration, breads, cakes, cookies, candy, jams, dill pickles, granola, roasted coffee, and sell them directly, online, by mail order, or to grocery stores, convenience stores and restaurants. There's no state license and no licensing fee any more, the Department of Agriculture sets no sales limit, and it inspects a home only to look into a complaint, an illness report or an emergency. In place of the old rules, the law asks for one disclosure: your business name, address and phone number, and a two-sentence statement in 10-point type. A county or city can still stop cottage food sales through stores in its area. In the example below, a Macon baker sorts six products and starts selling to a grocery. Below are the rules, the label, selling through stores, the example, and a free checklist.

The short version

  • Make non-potentially hazardous foods at your home; nonalcoholic drinks count, but not raw milk or anything with cannabis.
  • No license from the Department of Agriculture and no fee, since July 1, 2025.
  • No limit on gross sales or units.
  • Sell directly, online and by mail order, or to retail stores and restaurants.
  • A store selling it shelves it apart from other food, with a sign that it's exempt from state inspection.
  • A county or city can opt out of sales through stores; zoning and business licenses still apply.
  • Label: name, address or ID number, phone, and "This product was produced at a residential property that is exempt from state inspection. This product may contain allergens."
  • TaroStack keeps each batch's lot and which stores it went to. More below.

The rules

Rule What HB 398 says
What's allowed Non-potentially hazardous food or nonalcoholic beverages, made and packaged at the producer's residence
What isn't Alcoholic drinks, foods with cannabis, raw milk, anything needing temperature control
Sales Directly to a person, including online and by mail order, or to retail food sales establishments such as grocery stores and restaurants
License None from the department (its FAQ: no license, no licensing fee)
Inspection Only to investigate a complaint, a foodborne illness report or a public health emergency, scheduled in advance except in emergencies
Penalty A written warning first, then up to $75 for each later violation
Local rules A county or city can ban sales through third-party vendors by ordinance; otherwise it can't regulate cottage food
Other laws Federal law, tax law and other states' laws still apply

The law is O.C.G.A. 26-2-470 to 26-2-478 (HB 398), and the department's HB 398 FAQ explains the changes. Its cottage food FAQ adds that there's no limit on sales and that a farmers market can still require its own license, and its program page still asks operators to take ANSI-accredited food handler training. This is general information, not legal advice.

The label

Line What it says
Business Your business name
Address Your address, or the identification number the department gives on written request
Phone Your telephone number
Statement "This product was produced at a residential property that is exempt from state inspection. This product may contain allergens." At least 10-point

The information goes on the package's label, on the container for food sold from bulk, on a placard where unpackaged food is sold, or on the webpage for online sales. For phone and custom orders, you can tell the customer instead, and have the details ready if they ask. The department's earlier guidance also asked for the product name, ingredients by weight, net weight or volume, and allergens; adding them costs a line or two and keeps the label right whatever the new rules ask. How to write the allergen line is in allergen matrix template.

Selling through stores

HB 398's biggest change: a grocery store, convenience store or restaurant can buy cottage food and sell it, and the law treats it as an approved source. The store keeps cottage food in its own section or display case, labeled as exempt from state inspection, and posts the department's sign. Before the first delivery, check whether your county or city has passed an opt-out ordinance; where one exists, sales through stores stop there, and direct sales go on.

An example: a Macon baker

Peach Belt Bakehouse, a made-up home baker in Macon, Georgia, I use in these examples, sells at a Saturday market, takes online orders, and now sells pound cakes to a neighborhood grocery:

Product Allowed? Why
Pecan pralines Yes Confections
Pound cake Yes Baked goods
Dill pickles Yes Named in the law's list
Peach jam Yes Jams, jellies and preserves
Red velvet cake with cream cheese frosting No The frosting needs refrigeration
Pimento cheese No Dairy needs refrigeration

The grocery keeps the pound cakes on their own rack with a cottage food sign. With the store, the market and online orders, Peach Belt sold $39,000 by September, and Georgia sets no limit to watch. How a home food business starts is in how to start a cottage food business, and which foods need refrigeration in TCS foods list.

Get the checklist

Download the Georgia cottage food checklist. Three sheets: the label, each line with a column for yours; products, each with whether it's allowed and why; and sales by month, with no cap set. It's an ordinary Excel file with no macros, and it works in Google Sheets, LibreOffice and Numbers.

Where this stops working

Selling to a grocery means standing orders, deliveries and invoices, and if the department looks into a complaint about one cake, the question is which batch it came from and which stores got the rest. A notebook has the market days, not the deliveries.

How TaroStack does it

TaroStack keeps each batch's lot and which stores it went to.

Each batch dated. A batch of pound cakes gets a lot with its production and best-before dates, and lot labels print with it.

Stores as customers. The grocery is a customer with its own orders, and each order records the lots it got, so one recall report shows every store and customer a batch reached.

Market sales too. TaroStack connects to Square for market sales, so stores, market and online sit together.

The job Notebook In TaroStack
A batch's date Written on the box The batch's lot and dates
Which stores got a batch Not recorded One recall report
The grocery's invoices Written by hand From its orders

Lots, batches, orders and lot labels are on every plan, from $49 a month. The first 30 days are free, with no credit card. If you'd like a hand setting up, ask, and we'll do it with you.

Questions people also ask

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

No. Since HB 398 took effect on July 1, 2025, cottage food operators don't need a license from the Department of Agriculture or pay it a fee. Local business licenses and zoning still apply.

Can Georgia cottage food be sold in stores?

Yes, to grocery stores, convenience stores and restaurants, unless your county or city has opted out by ordinance.

What is the Georgia cottage food label 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 type, with your business name, address and phone number.

Is there a sales limit for Georgia cottage food?

No. The Department of Agriculture sets no limit on gross sales or the number of units.

Sources

  1. House Bill 398 (2025), O.C.G.A. 26-2-470 to 26-2-478: cottage food items · read October 16, 2026
  2. Georgia Department of Agriculture: Cottage Food Update, House Bill 398 and FAQ · read October 16, 2026
  3. Georgia Department of Agriculture: Cottage Food FAQ (sales limits, wells, markets) · read October 16, 2026
  4. Georgia Department of Agriculture: Cottage Food program page · read October 16, 2026

We use AI to help with the research for these articles. Every one is read, checked against its sources and edited by Koa before it's published. Spot a mistake? Tell us and we'll fix it and say so. How we write these.

Let’s get your stack in order.

Get TaroStack

Sign up now for your free 30 day trial. No credit card required.