Cottage food rules
Cottage Food Laws and Regulations: What to Know
A clear way to find your state rules and know what to check before you sell.
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What to remember
- Cottage food rules are state specific, so start with your own state.
- Check licensing, food safety, labeling, and allowed foods for your state.
- AFDO publishes state-specific cottage food laws and guidance.
- The National Agricultural Law Center compiles state statutes and regulations for states with cottage food or home-based food production laws.
- Virginia and Georgia show how different the details can be.
If you are new to this, start with what a cottage food law is. Then read your state page. A rule that works in one state may not be the rule where you bake. That is why a generic checklist is not enough.
Start with your state, not a national rule
The Association of Food and Drug Officials publishes state-specific cottage food laws and guidance covering licensing, food safety regulations, labeling requirements, and permissible homemade foods. That is the first place to look for the shape of your state’s rules.
The National Agricultural Law Center maintains a compilation of the statutes and regulations for each state that has a cottage food or home-based food production law. Use it to find your state’s law and then read the official state source.
The four things to check before you sell
AFDO guidance points to four areas: licensing, food safety regulations, labeling requirements, and permissible homemade foods. Read each one for your state before you print a label or take a payment.
Check licensing
Find out what licensing step your state requires for cottage food producers. AFDO publishes state-specific guidance on licensing.
Check food safety rules
Read the food safety regulations that apply to your foods and your kitchen. The Virginia Food and Drink Law, for example, applies to food establishments, including private homes, that manufacture, process, pack, or hold food for sale.
Check allowed foods
Confirm that your bakes are on your state’s allowed list. Virginia allows certain low-risk foods, acidified vegetables, and honey to be made in a private home without VDACS inspection, subject to certain restrictions.
Check labeling
Read your state’s labeling requirements before you order stickers or print cards. AFDO guidance covers labeling requirements.
Check for changes
Look for dated updates. Virginia set a change effective July 1, 2026 that alters opportunities and responsibilities for Virginia cottage bakers.
What two states show you
Virginia and Georgia are useful examples because the public sources spell out different details. In Virginia, Section 3.2-5130 of the Code of Virginia allows certain low-risk foods, acidified vegetables, and honey to be made in a private home without VDACS inspection, subject to certain restrictions. The Virginia Food and Drink Law and related regulations also apply to food establishments, including private homes, that manufacture, process, pack, or hold food for sale. Virginia set a change effective July 1, 2026 that alters opportunities and responsibilities for Virginia cottage bakers.
In Georgia, the Retail Food section of the Georgia Department of Agriculture regulates cottage food producers, also known as home-kitchen food operations. If you are in Georgia, start with that page. If you are in another state, use the same approach: find the state agency page and read the current rules.
For a closer look at one state, see cottage food law in Texas and Texas cottage food labels. If you bake around animals, read cottage food laws and pets before you plan your workspace.
Keep records and check again
Keep a copy of the rule you relied on, the date you checked it, and any state guidance you used. Laws change. Virginia is one clear example, with a change effective July 1, 2026. Check again before a new selling season, a new product, or a new label.
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Common questions
Do cottage food laws apply in every state?
The National Agricultural Law Center maintains a compilation for each state that has a cottage food or home-based food production law. Check your state's entry to see what applies where you bake.
What do cottage food laws cover?
AFDO publishes state-specific guidance covering licensing, food safety regulations, labeling requirements, and permissible homemade foods. Read those four areas for your state before you sell.
Can I sell from my home kitchen without an inspection?
It depends on your state and your food. In Virginia, Section 3.2-5130 allows certain low-risk foods, acidified vegetables, and honey to be made in a private home without VDACS inspection, subject to certain restrictions. Check your own state's rule.
Where do I find my state's rules?
Start with the Association of Food and Drug Officials state-specific cottage food laws and guidance. Then use the National Agricultural Law Center compilation to find your state's statutes and regulations, and read the state agency page for details.
Do I need to label my bakes?
AFDO guidance covers labeling requirements, so check your state's labeling rule before you print labels or cards. The details can differ from state to state.
What changed in Virginia?
Virginia set a change effective July 1, 2026 that alters opportunities and responsibilities for Virginia cottage bakers. Check the current VDACS guidance and the source summary before you plan your sales.
Sources
- Association of Food and Drug Officials: Cottage Foods Laws and Guidance
- Virginia Kitchen Bill FAQ
- Virginia Food and Drink Law and Food Services Businesses
- Georgia Department of Agriculture: Cottage Food
- National Agricultural Law Center: Cottage Food State Compilations
- Virginia Cottage Food Law Is Changing July 1: What You Need to Know
This is general information, not legal advice. Cottage food laws change and differ by state. Check your state agency and a qualified professional for your situation.