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Georgia · Direct-to-Consumer Compliance · Category 19 of 24

Oils

Plain cooking oils and essential oils vs. herb/garlic-infused oils, which carry a real botulism risk

Dual-Path — Read Carefully
Cottage/General
Plain/essential oils
Licensed Facility
Infused oils
Botulism (C. botulinum)
Risk
Acidified food rules apply to infusions
Federal Rule

What's Covered / What Needs More

✓ Generally Covered

  • Bottling and selling plain, uninfused cooking oils (olive, sunflower, etc.) as a shelf-stable cottage food or general product
  • Selling essential oils and aromatherapy oils as a general consumer product (see Aromatics guide)
  • Making and selling properly acidified, process-validated garlic/herb-infused oils from a GDA-licensed commercial facility
  • Refrigerated, 'use by' dated fresh-garlic-in-oil products made and sold under strict cold-chain control by a licensed facility

✕ Needs More / Watch Out

  • Making garlic- or herb-infused oil in a home kitchen for shelf-stable sale — untreated infused oils are a well-documented botulism risk and are not cottage-food eligible
  • Assuming refrigeration alone makes infused oil safe for extended shelf life without a validated acidification or thermal process
  • Skipping FDA acidified-food registration for any commercially produced infused oil intended to be shelf-stable
  • Selling infused oil with a vague 'keep refrigerated' label but an actual room-temperature retail display

Three Steps to Compliance

A

Sort by product type

Plain cooking oils and essential/aromatic oils are simple, low-risk categories; garlic- or herb-infused oils are a completely different, high-risk category due to Clostridium botulinum's ability to grow in a low-oxygen, oil-suspended environment.

B

For infused oils, get a validated process

Work with a process authority to validate acidification or another safe method, register with FDA under acidified-food rules if applicable, and produce only in a GDA-licensed commercial facility — never a home kitchen.

C

Label according to risk

Plain and essential oils need standard ingredient/net-weight labeling; infused oils need clear refrigeration instructions, a 'use by' date, and must actually be kept cold through the entire supply chain.

Quick Reference

Plain cooking oilCottage Food Eligible / General Product — no license
Essential/aromatic oilGeneral Consumer Product — see Aromatics guide
Garlic/herb-infused oilLicensed Facility Required — botulism risk, not cottage-eligible
Federal requirement (infused)Acidified food process validation/registration where applicable
Cold chain (infused)Must be refrigerated continuously, with a true use-by date
Biggest riskBotulism from home-kitchen infused oil sold as shelf-stable

Frequently Asked Questions

Can I make and sell garlic-infused olive oil from my home kitchen?
No — this is one of the clearest botulism-risk products in food safety, and it is excluded from Georgia's cottage food exemption regardless of how it's labeled.
Is plain olive oil cottage-food eligible?
Yes — plain, uninfused cooking oil is shelf-stable and generally falls under the cottage food or general product path with no special license.
What if I refrigerate my infused oil?
Refrigeration alone doesn't make an unvalidated infused oil safe for extended shelf life — you still need a validated process and a licensed facility to sell it commercially.
Are essential oils treated the same as cooking oils?
No — essential/aromatic oils are a general consumer product (see the Aromatics guide), not a food product at all.

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).