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GeorgiaHB 3982025-2026 Regular SessionHouseWALLET

Food, drugs, and cosmetics; authorize production and sale of cottage food items with certain exemptions, requirements, and disclosures

Sponsored By: Beth Camp (Republican), Katie Dempsey (Republican), Houston Gaines (Republican), Leesa Hagan (Republican), Brian Prince (Democrat), Matt Reeves (Republican)

Signed by Governor

Agriculture & Consumer AffairsAgriculture and Consumer AffairsGeneral Bill

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 0 costs, 4 mixed.

More sales options for home food businesses

Georgia home food businesses can sell qualifying foods directly, online, by mail, and to stores and restaurants. Foods must be non-potentially hazardous, made at the operator’s residence, and packaged there if packaged. Alcoholic drinks, cannabis foods, and raw milk are excluded. Products meeting the cottage-food requirements count as an approved source for retail buyers. Operators are excluded from general food sales, food service, and meat, poultry, or dairy processing classifications. Separate cottage-food rules still apply, and the law creates no federal-law or tax exemptions.

Local limits on home food resellers

Counties and cities generally cannot regulate or ban cottage foods, or ban commercial delivery of those foods. But they can pass an ordinance banning cottage food sales through third-party vendors within their boundaries. They must hold a hearing 15 to 45 days after publishing notice in a local newspaper of general circulation. They must notify the Agriculture Commissioner and Department of Agriculture before the ordinance takes effect. The law itself does not ban third-party sales.

Qualifying nonprofit bake sales avoid requirements

People selling non-potentially hazardous foods at qualifying bake sales are exempt from the law’s cottage-food requirements for those sales. The bake sale must be affiliated with a nonprofit, charitable, or religious organization.

Home food inspections have clear limits

Georgia’s Department of Agriculture can adopt cottage-food rules and inspect homes to investigate complaints, foodborne illness reports, or public health emergencies. Inspections are limited to home areas used by the operator and must be scheduled ahead, except during emergencies. Operators can request an administrative warrant before inspection. A first willful violation of the cottage-food law or rules requires a written warning. A second or later willful violation can bring a civil penalty of up to $75 per violation.

Home food sellers must disclose warnings

Sellers must show the operator’s business name, address, and phone number, or a Department of Agriculture identification number requested in writing. A warning in at least 10-point print must say the food was made at a home exempt from state inspection. It must also say the food may contain allergens. Depending on the sale, this information goes on the package, bulk container, sales placard, or online sales page. Phone and custom orders can skip the display, but sellers must give the warning and provide required details on request.

Stores must clearly mark cottage foods

Retail food establishments selling or offering cottage foods must post a sign specified by the Department of Agriculture. The sign says these foods are not subject to commercial food rules or inspection. Third-party vendors must display cottage foods in a separate section or case from other foods. They must clearly label that display as containing cottage foods exempt from state inspection.

Sponsors & Cosponsors

Sponsors

  • Beth Camp

    Republican • House

  • Katie Dempsey

    Republican • House

  • Houston Gaines

    Republican • House

  • Leesa Hagan

    Republican • House

  • Brian Prince

    Democrat • House

  • Matt Reeves

    Republican • House

Cosponsors

  • Sam Watson

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 225 • No: 4

Senate vote • 4/2/2025

PASSAGE

Yes: 54 • No: 2

House vote • 3/3/2025

PASSAGE

Yes: 171 • No: 2 • Other: 1

Actions Timeline

  1. Effective Date

    7/1/2025

  2. House Date Signed by Governor

    5/13/2025House

  3. Act 193

    5/13/2025

  4. House Sent to Governor

    4/8/2025House

  5. Senate Third Read

    4/2/2025Senate

  6. Senate Passed/Adopted

    4/2/2025Senate

  7. Senate Read Second Time

    3/18/2025Senate

  8. Senate Committee Favorably Reported

    3/13/2025Senate

  9. Senate Read and Referred

    3/4/2025Senate

  10. House Third Readers

    3/3/2025House

  11. House Passed/Adopted

    3/3/2025House

  12. House Committee Favorably Reported

    2/19/2025House

  13. House Second Readers

    2/13/2025House

  14. House First Readers

    2/12/2025House

  15. House Hopper

    2/11/2025House

Bill Text

  • HB 398/AP* (v3)

    PDF

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