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Committee advances bill to let licensed cottage food operators sell via third parties

2578346 ยท March 12, 2025
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Summary

Lawmakers endorsed a bill allowing licensed cottage food operators to sell not-potentially-hazardous products through third-party retail or restaurant partners, while preserving Department of Agriculture oversight and labeling requirements.

Representative Hagan introduced LC442976 to allow licensed cottage food operators to sell non-potentially-hazardous products through a third-party delivery stream such as a grocery store or restaurant, rather than only selling directly to consumers. "Currently, they are allowed to sell directly to a consumer. This bill opens up a new delivery stream so that they can sell via a third party, like a grocery store or a restaurant," Hagan said.

The bill preserves Department of Agriculture authority over inspections and requires distinct labeling and signage so consumers will know a product came from a residential cottage kitchen rather than a food-service establishment. Hagan noted the bill applies only to foods that are "not potentially hazardous," and that the Department already enforces requirements that prevent operators from converting a residential kitchen into a commercial facility.

Committee members asked whether the Department of Agriculture would retain inspection authority and whether local ordinances would be preempted; Catherine Russell of the Georgia Department of Agriculture confirmed the department retains inspection authority under existing rules. Representative Hagan and multiple senators said the change is intended to encourage entrepreneurship, help small farms and single parents, and give cottage operators more retail access. Senator Esteban moved a do-pass recommendation and Senator Kemp seconded; the chair announced the motion passes unanimously.