Cottage food laws in Georgia

The limits

Sales cap

None found in Rule 40-7-19 or current GDA guidance

You can sell

Non-potentially-hazardous foods: loaf breads, rolls, biscuits, cakes (non-refrigerated), pastries, cookies, candies/confections, fruit pies, jams/jellies/preserves, dried fruits, dry herbs/seasonings/mixtures/cereals/trail mixes/granola, nuts, vinegar, popcorn, cotton candy

You cannot sell

Potentially hazardous (TCS) foods requiring temperature control; home-canned produce used as an ingredient (except jams/jellies); fruit butters whose commercial sterility may be compromised by reduced sugar/pectin; pet food/treats (require separate licensing)

Getting set up

Permit / registration

Yes, but changing — historically a Cottage Food License with pre-operational inspection; GDA's website states that effective July 1, 2025 (HB 398), the state licensing requirement was removed and replaced with an "Identification Number Registration." See Notes on a conflict between sources.

Cost

As of HB 398's effective date (July 1, 2025), there is no state license and no licensing fee for Georgia cottage food operators. GDA's own guidance confirms operators no longer need to obtain a license or pay a fee to the state. This controls over the older Administrative Rule 40-7-19-.04, which still shows a $100 annual fee on the books; GDA has stated it is using enforcement discretion and will amend/repeal the rule provisions that are no longer supported by HB 398, including the licensing fee.

Training

Yes — ANSI-accredited food safety training (Food Handler level acceptable)

Kitchen inspection

No routine or pre-operational home kitchen inspection is required under the post-HB 398 system. GDA no longer conducts pre-licensing inspections of a cottage food operator's residence. GDA will still investigate consumer complaints, reports of foodborne illness, and public health emergencies, which can involve an inspection in those circumstances. This supersedes Administrative Rule 40-7-19-.07's pre-operational inspection language, which GDA has said it will amend to conform to HB 398.

Labeling

Business name/address, product name, ingredients by weight, net weight/volume, allergen information, and the statement: "MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO STATE FOOD SAFETY INSPECTIONS."

Where you can sell

Permitted venues

Direct to the end consumer (no wholesale/distribution under the codified rule); non-profit and for-profit events; as of HB 398, GDA's site also lists retail stores as a permitted channel

Online sales

Yes — GDA lists online sales as a permitted channel

Delivery in state

Commercial delivery of cottage food products within Georgia is allowed. HB 398 expressly bars cities and counties from prohibiting commercial delivery companies from delivering cottage food items, though a locality may still pass an 'opt-out' ordinance limiting sales specifically through third-party retail vendors (grocery stores, restaurants, convenience stores) in its jurisdiction.

Shipping out of state

No — not addressed in sourced materials; federal rules generally bar interstate shipment of cottage food

The fine print

Statute

Georgia Administrative Rule 40-7-19 (Cottage Food Regulations); OCGA 26-2-470 et seq. as amended by HB 398

Recent changes

HB 398, effective July 1, 2025 — removes the state cottage food licensing requirement and allows sales to retail stores

Notes

The GDA program summary page states HB 398 removed the state license requirement (replacing it with an "Identification Number Registration"), but the codified Administrative Rule 40-7-19 text (as published by the Georgia Secretary of State) still describes a $100 Cottage Food License, pre-operational inspection, and formal licensing process — the published Rule may not yet reflect the HB 398 amendment. Confirm current permit type, fee, and inspection status directly with GDA's Retail Food Section before advising clients. No separate MEHKO/home-kitchen-restaurant law was identified for Georgia.