Georgia · Direct-to-Consumer Compliance · Category 18 of 24

Nuts & Seeds

Roasted, raw, or seasoned nuts and seeds sold direct to consumer

Cottage Food Eligible

None since 7/1/25

License

None

Revenue Cap

Shelf-stable, non-TCS

Product Type

Allowed under HB 398

Retail

What's Covered / What Needs More

✓ Generally Covered

Roasted, raw, or seasoned nuts and seeds (peanuts, pecans, almonds, sunflower seeds, etc.) sold direct, at markets, and online
Wholesale to retail stores and restaurants under HB 398
Raw, unshelled nuts sold direct from the farm (farm-exempt produce framework)
Candied or chocolate-covered nuts as long as the finished product stays shelf-stable

✕ Needs More / Watch Out

Nut butters with high moisture/oil content that could support bacterial growth without proper acidification or processing controls (verify with GDA before assuming cottage eligibility)
Shipping cottage-food nut products out of state
Skipping allergen labeling — tree nuts and peanuts are top food allergens requiring prominent disclosure
Skipping the one-time food safety course and required label

Three Steps to Compliance

Confirm shelf stability

Roasted, raw, and seasoned nuts/seeds are inherently shelf-stable; nut butters need a closer look at moisture content and process before assuming cottage eligibility.

Complete training and label allergens prominently

Take the one-time food safety course, then label with the home-kitchen disclosure, a prominent tree nut/peanut allergen statement, net weight, and producer info.

Sell through any Georgia channel

Direct, online, markets, and wholesale to retail stores are open under HB 398 with no revenue cap.

Quick Reference

License required?	No — HB 398 removed the cottage food license
Revenue cap	None
Product examples	Roasted/raw/seasoned nuts and seeds, candied nuts
Verify separately	Nut butters (moisture/process considerations)
Retail/wholesale	Allowed under HB 398
Allergen note	Tree nuts and peanuts require prominent allergen labeling

Frequently Asked Questions

Do I need a license to sell roasted peanuts at a market?

No — roasted or raw nuts are cottage food eligible under HB 398, with no license required.

Is peanut butter cottage-food eligible?

Verify with GDA first — nut butters raise moisture/process questions that plain roasted nuts don't; don't assume eligibility without checking.

Do I need special allergen labeling?

Yes — tree nuts and peanuts are major allergens and should be clearly and prominently disclosed on every label.

Can I sell chocolate-covered pecans?

Yes, as long as the finished product remains shelf-stable at room temperature.

Printable Checklist

Confirm product is shelf-stable roasted/raw nuts or seeds
Verify nut butter eligibility separately with GDA before selling
Complete one-time food safety course
Apply home-kitchen disclosure label
Add prominent tree nut/peanut allergen statement
Keep sales within Georgia only

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).