Alabama
Cottage Food Law
Alabama created a cottage food law (SB 159) in 2014. Previously, this state only allowed homemade food sales at farmers markets.
This cottage food law is relatively restrictive. It allows direct, in-person sales of many non-perishable food items. Cottage food operators must take a food safety training course and are limited to $20,000 of sales per year.
It is possible that Alabama’s previous law is still in effect, which would allow for unlimited sales of most non-perishable foods at state-sanctioned farmers markets.
Selling
Delivery is allowed, but you must personally deliver your products.
Allowed Foods
Candied or roasted pecans are not allowed.
Limitations
Sampling of homemade food is not allowed at certified farmers markets, so it is unlikely that it would be allowed at other venues.
Business
You must take a food safety course approved by the Alabama Department of Public Health every 5 years. The ACES provides in-person cottage food courses for $25.
After taking your food safety course, you must submit this form along with a sample label and your course certification.
Sales tax must be charged when selling at a certified farmers market, and it may be required at other venues as well. Check with your state, county, and city tax authorities to determine how much tax to charge.
You do not need a license from the health department, but you should check with your planning division to see if there are any local requirements before starting your business.
To sell at a state sanctioned farmers market, you must get a business license and all necessary city, county, and state privilege licenses. The costs and zoning requirements vary depending on location.
Labeling
Chocolate Chip Cookies
This food is not inspected by the Department of Public Health
Forrager Cookie Company
123 Chewy Way, Cookietown, AL 73531
Workplace
You can find many workplace recommendations in this food safety guidance document.
Resources
- About
- Click on a county to find an ACES regional extension agent in your area
Regional Extension Agents
- Job Title
- Standardization Officer
- Organization
- Alabama Department of Public Health
- phyllis.fenn@adph.state.al.us
Phyllis Fenn, BS
- April 2009
- Home Processed Rule Change
- June 2014
- SB 159
Comments
Kaitlin
Does Chocolate Covered Strawberries fall under the allowed category?
Monica
Does anyone know if, as a cottage baker, you have to report your sales and baking equipment as assets to your local Revenue office. I received a letter stating that I have to list and report the things(equipment) that I use in my baking. Keeping in mind I do not have a bakery business. I just bake cookies in my personal kitchen for friends and family.
Bethany
Can I sell baked goods at a Flea Market booth?
Karen Lange
I want to sell meat jerky online as a home based business, It says I cannot do this with a cottage food permit, how do I get the information I need to do this business
guest
So I can bake cakes and sell to individuals that pick them up or that I deliver to only if they do not have an icing that has to be refrigerated, correct? To do that, do I have to take the food safety course?
Rosilyn
So basically anything that requires refrigeration cant be sold.? I juice and make small 16 oz smoothies for myself in mason jars. I create salads in a mason jar, so If I juiced and delivered the same day it’s still a no?
Angela Weber
It says pepper jelly is not included, but what about using dried chile? And if not alone, can I add it to a fruit for heat?
David Crabill
No, you cannot add it. You need to use a commercial kitchen to use peppers (in any form) as an ingredient in your jellies. https://forrager.com/faq/#commercial