Bill > HB398

This bill establishes a comprehensive legal framework for cottage food operators in Georgia, allowing individuals to produce and sell certain non-potentially hazardous food items from their home kitchens with specific requirements and protections. The legislation defines "cottage food items" as non-potentially hazardous foods produced in a residential property, which include baked goods, jams, dried fruits, nuts, and other items that do not require refrigeration. Cottage food operators must provide clear labeling on their products, including a statement that the item was produced in a residential property exempt from state inspection and may contain allergens. The bill allows these operators to sell directly to consumers (including online and by mail order) and to third-party vendors like grocery stores and restaurants, with the requirement that these vendors display cottage food items in a separate, clearly labeled section. The Department of Agriculture can investigate complaints or potential foodborne illness concerns, but inspections are limited in scope and must typically be scheduled in advance. Local governments are permitted to prohibit cottage food sales through third-party vendors within their jurisdiction, but cannot otherwise restrict cottage food operations. Violations will initially result in a written warning, with subsequent infractions potentially incurring a civil penalty of up to $75. The bill aims to provide a regulated pathway for home-based food producers to sell their products while maintaining basic consumer safety standards.

Agriculture and Natural Resources

https://www.legis.ga.gov/legislation/70199