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Bill Summary · HB 398

Summary of House Bill 398 (HB 398)

Purpose and Intent

House Bill 398 aims to amend the Official Code of Georgia Annotated to establish a legal framework for the production and sale of cottage food items. The bill seeks to promote local food entrepreneurship by allowing individuals to produce and sell non-potentially hazardous foods from their home kitchens while ensuring consumer safety through specific labeling and disclosure requirements.

Key Provisions

Definitions and Scope

  • Cottage Food Item: Defined as non-potentially hazardous foods or nonalcoholic beverages produced at a residential property. Exclusions include alcoholic beverages, cannabis-containing foods, and raw milk.
  • Cottage Food Operator: An individual producing cottage food items for sale.
  • Non-Potentially Hazardous Foods: Includes baked goods, jams, jellies, uncut fruits, dried fruits, and more, which do not require temperature control for safety.

Compliance and Regulations

  • Sales Restrictions: Cottage food operators can sell directly to consumers, including online and by mail, or to retail food establishments. They must comply with specific labeling requirements.
  • Labeling Requirements: Operators must provide their business name, address, and a statement indicating that the product was produced in a residential property exempt from state inspection. This information must be displayed on packaging, bulk containers, or at the point of sale.
  • Civil Penalties: Non-compliance with the provisions can result in civil penalties, starting with a written warning for first-time offenders.

Enforcement

  • The Commissioner of Agriculture is authorized to enforce the provisions of this article and can adopt necessary regulations. The Department of Agriculture retains the right to investigate foodborne illness reports.

Local Regulation

  • The bill prohibits local governments from enacting regulations that would conflict with the provisions set forth in this legislation.

Affected Parties

  • Cottage Food Operators: Individuals looking to start small food businesses from home.
  • Consumers: Individuals purchasing cottage food items will benefit from increased access to locally produced foods.
  • Retail Food Establishments: Grocery stores and restaurants that may sell cottage food products will need to comply with new signage and labeling requirements.

Procedural Timeline

  • Introduced: February 11, 2025
  • Passed: The bill passed the House and Senate and was signed by the Governor on May 13, 2025.
  • Effective Date: The provisions of the bill will take effect on July 1, 2025.

Conclusion

House Bill 398 represents a significant step toward supporting local food producers in Georgia by providing a structured approach to the cottage food industry. By establishing clear guidelines and protections, the bill aims to foster entrepreneurship while ensuring consumer safety.

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

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