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Bill

HB 398

Food, drugs, and cosmetics; authorize production and sale of cottage food items with certain exemptions, requirements, and disclosures

2025-2026 Regular Session Introduced by Beth Camp and 5 co-sponsors

Georgia HB 398 allows home-based food production and sale of non-hazardous items with exemptions from licensing and inspections, requiring seller disclosures instead of regulatory oversight.

Effective Date
0
WeVote Research Nonpartisan
Bill Summary · HB 398

Legislative bill overview

HB 398 authorizes Georgia residents to produce and sell certain non-potentially hazardous foods (cottage foods) from home kitchens with specific exemptions from standard food facility licensing and inspection requirements. The bill establishes disclosure requirements, allowable product categories, and operational standards for home-based food producers.

Why is this important

This legislation affects both home entrepreneurs seeking to start small food businesses and consumers purchasing homemade products. It reduces regulatory barriers for low-risk food items while establishing a framework to address food safety concerns through disclosure rather than traditional health department oversight.

Potential points of contention

  • Food safety accountability: Home kitchens lack standard health inspections and sanitation oversight, creating potential public health risks if products are mishandled or contaminated
  • Market fairness concerns: Licensed commercial food producers must meet costly facility and inspection requirements that cottage food producers avoid, raising questions about competitive equity
  • Disclosure adequacy: Relying on seller disclosures rather than third-party inspection may insufficiently protect consumers who have allergies, immunocompromised conditions, or limited ability to verify food safety claims

Compiled from official sources — confirm details with the bill’s official record.

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