Georgia Cottage Food Law (2026): What HB 398 Changed

Georgia's cottage food rules were rewritten by House Bill 398, effective July 1, 2025. If you got your information before that date, much of it is out of date. The state license is gone, sales to stores are allowed, and there's a new required label statement.

What HB 398 changed

According to the Georgia Department of Agriculture's (GDA) HB 398 FAQ:

• No state license or licensing fee. Cottage food operators no longer get a GDA license.
• Fewer inspections. No pre-license home inspections. GDA still investigates complaints, foodborne illness reports, and public health emergencies.
• Retail sales allowed. You can sell to retail food sales establishments, such as grocery stores, convenience stores, and restaurants, as well as directly to consumers, including online and by mail order.
• An address alternative. You can request a GDA Identification Number to print on labels instead of your home address.

GDA is rewriting its cottage food rules (Rule 40-7-19) to match the new law. Until then, it says it will use enforcement discretion on old requirements the law no longer supports, such as licensing.

Training still required

GDA's cottage food page still says operators must complete an ANSI-accredited food safety training program. Food Handler level is acceptable.

Local governments: one opt-out

Cities and counties can't regulate cottage food directly, with one exception: a city or county can pass an ordinance prohibiting cottage food sales through third-party vendors (stores, restaurants, convenience stores) in its area. Local governments also can't ban commercial delivery companies from delivering cottage food. General local rules, such as business licenses and zoning, still apply.

What counts as cottage food

HB 398 covers non-potentially hazardous foods and nonalcoholic beverages produced at the producer's residence. Examples in the bill:

• Breads, rolls, biscuits, and cakes (except those with fillings that need refrigeration)
• Jams, jellies, and preserves
• Uncut fruits and vegetables
• Dried fruits
• Dry herbs and seasonings
• Cereals, trail mixes, and granola
• Coated and uncoated nuts
• Vinegars
• Dill pickles
• Confections and fudge
• Dry soup mixes
• Roasted coffee beans
• Dry pasta
• Popcorn and cotton candy

Excluded: alcoholic beverages, foods containing cannabis, and raw milk.

Georgia's new disclosure

Under HB 398, consumers must get:

- The business name, address, and telephone number of the operator, or the GDA identification number in place of the address - This 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."

Where the disclosure goes depends on how you sell:

Stores that sell cottage food must post signs saying the products aren't subject to commercial food regulation or inspection, and must display them separately from other foods.

Our advice: also keep the product name, ingredient list, net quantity, and allergen declaration on packaged items. GDA links to its general food labeling requirements, and stores will expect them.

Nutrition Facts

HB 398 doesn't add a Nutrition Facts rule. If you start selling through grocery stores, buyers may ask for one, and any nutrient claim brings in the federal requirements. A tabular display suits wide, short packages like cookie sleeves.

Official source

Georgia Department of Agriculture — Cottage Food and its HB 398 FAQ (PDF).