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Georgia · Direct-to-Consumer Compliance · Category 02 of 24

Baked Goods

Breads, cookies, cakes, pies, and pastries made in a home kitchen for direct sale under HB 398

Cottage Food Eligible
None since 7/1/25
License
None
Revenue Cap
One-time food safety course
Training
Allowed under HB 398
Retail

What's Covered / What Needs More

✓ Generally Covered

  • Non-refrigerated breads, rolls, biscuits, cakes, cookies, pies, and pastries with shelf-stable fillings
  • Direct sales at home, farmers markets, fairs, festivals, pop-ups, and online orders
  • Sales to retail stores and restaurants (new under HB 398, effective 7/1/2025)
  • Delivery within Georgia by mail or commercial carrier

✕ Needs More / Watch Out

  • Cream-, custard-, or cheese-filled pastries that require refrigeration (these are TCS/potentially hazardous)
  • Shipping cottage food out of state (still requires a licensed commercial facility)
  • Skipping the required label statement or the one-time food safety training
  • Selling in a city/county that has opted out of cottage food retail sales

Three Steps to Compliance

A

Confirm your product is non-TCS

Your bake must be shelf-stable at room temperature. Refrigerated fillings (custard, cream cheese, cooked-fruit-with-dairy) push it into a licensed-facility category.

B

Complete the one-time food safety course

HB 398 requires a basic ANAB-accredited food safety course once — not an annual renewal, and there is no state license, fee, or home inspection to schedule.

C

Label and sell

Apply a compliant label (below) and sell direct, at markets, online, or now wholesale to a store or restaurant, which must shelve cottage items in a clearly marked section.

Quick Reference

License required?No — HB 398 (7/1/2025) removed the state cottage food license
Revenue capNone — HB 398 removed the prior $5,000 cap
Home inspectionNot routinely required for non-TCS products
Retail/restaurant salesAllowed under HB 398, in a labeled cottage-food section
Out-of-state shippingNot allowed under cottage food law — needs a licensed facility
Required label line"Made in a home kitchen that is not inspected by the Georgia Department of Agriculture" plus ingredients, allergens, net weight, and producer name/address

Frequently Asked Questions

Do I need a license to bake and sell from home in Georgia now?
No. HB 398, effective July 1, 2025, eliminated the cottage food license, fee, and routine inspection for non-potentially-hazardous baked goods.
Is there still a sales limit?
No. The former $5,000 annual cap was removed. There is no state revenue ceiling on cottage food sales.
Can I sell my cakes to a local coffee shop?
Yes — HB 398 opened wholesale to retail stores, convenience stores, and restaurants, which wasn't allowed before.
Can I ship cookies to a customer in Alabama?
No. Interstate cottage food shipping is not covered; that requires a commercial, licensed facility under federal jurisdiction.

Printable Checklist

MarketStand · Georgia Producer Compliance Series
This guide is general information, not legal advice, current as of September 2026. Georgia's cottage food, meat inspection, dairy, egg, plant, feed, and alcohol rules change — always verify current requirements with the Georgia Department of Agriculture (agr.georgia.gov), Georgia Dept. of Revenue Alcohol & Tobacco Division, and your local health department before selling.
Primary sources: Georgia Dept. of Agriculture (Cottage Food, Meat Inspection, Egg Law, Live Plant Program, Feed/Pet Food Program); HB 398 (2025); Georgia Raw Dairy Act, O.C.G.A. §26-2-450 et seq.; Georgia Meat Inspection Act, O.C.G.A. §26-2-60; Georgia Food Act, O.C.G.A. §26-2-20; GA Dept. of Revenue Alcohol & Tobacco Division; FDA (DSHEA, MoCRA, FSMA Produce Safety Rule, 21 CFR 108/111/113/114).