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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)

Became Law

Agriculture & Consumer AffairsAgriculture and Consumer AffairsGeneral Bill

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 3 costs, 0 mixed.

Sell cottage foods online and to stores

You can sell cottage foods directly to people, including online and by mail. You can also sell to grocery stores and restaurants. When you follow the cottage food rules, stores can treat your products as from an approved source. Counties and cities cannot ban cottage foods or stop delivery companies from delivering them, except for the limited local option on third party vendor sales.

Cottage food businesses avoid many permits

The law defines what counts as a cottage food item and who can operate. Alcoholic drinks, cannabis foods, and raw milk are not allowed. If you qualify, you are not treated as a food sales establishment, a food service establishment, or a meat, poultry, or dairy processing plant. This means many commercial kitchen and plant rules do not apply to you.

Cottage food labels and signs required

If you sell cottage foods, you must list your business name, address, and phone number or a department ID. You must add this 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." Put this on the package, the bulk container, a point‑of‑sale sign, or the webpage. For phone or custom orders, you may say it, but have the info ready on request. Stores that sell cottage foods must post a notice set by the Department of Agriculture. Third party vendors must keep cottage foods in a separate labeled section that says they are exempt from state inspection.

Cities can block third party sales

A county or city may ban cottage food sales through third party vendors. It must publish a hearing notice in a local newspaper and hold the hearing 15 to 45 days later. If it passes a ban, it must notify the Commissioner and the Department of Agriculture before it takes effect. These local bans apply only to third party vendor sales.

Inspections, penalties, and compliance rules

It is illegal to run a cottage food business unless you follow the cottage food law. Nonprofit, charitable, or religious bake sales that sell non-potentially hazardous foods are exempt. The Department of Agriculture can enforce the law and make rules. It can inspect only the areas of your home used for cottage food work. It schedules inspections in advance unless there is an emergency, and you may ask for an administrative warrant. Your first willful violation gets a written warning. Later willful violations can be fined up to $75 per violation. This law does not replace other federal, state, or local laws, including tax rules.

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

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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