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.

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Allowed Foods

Bread

Bagels Biscuits Breads Brownies Cakes Cookies Doughnuts Muffins Pizzelles Rolls Scones Sweet breads

Candy

Baked candy Brittles Candies Chocolate Fudge

Dry goods

Herbs Mixes Spices & Seasonings

Pastries

Other Pastries Pies

Preserves

Jams & jellies Marmalades

Snacks

Chocolate-covered items Crackers & Pretzels Granola Kettle corn Nuts & seeds Popcorn

Prohibited Foods

Perishable baked goods Candied apples Caramel corn Kettle corn Fruit butters Pickles Salsas Sauces Acidified foods Low-acid canned foods Juices Meat jerkies

There are probably more prohibited foods, but the ones above have been confirmed

Candied or roasted pecans are not allowed.

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations

Limitations

Children restricted Commercial equipment prohibited Commercial kitchen prohibited Direct sales only Employees prohibited Pets restricted Primary residence Sales limit Sampling prohibited Smoking restricted

There may be more limitations, but the ones above have been confirmed

Sales are limited to $20,000 per year

Sampling of homemade food is not allowed at certified farmers markets, so it is unlikely that it would be allowed at other venues.

Business

Food Safety Course

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.

Review of Label & Food Safety Class

After taking your food safety course, you must submit this form along with a sample label and your course certification.

Sales tax

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

Label Requirements

Business address Business name Product name Statement

Sample Label

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

Alabama SB 159

Cottage Food Videos and Training Courses

Basic Rules & Regulations Brochure

Food Safety Brochure

Cottage Food Law Presentation

FMA Info for Home-Processed Foods

FMA FAQs for Home-Processed Foods

Certified Farmers Market Rules -- 80-7-1-.04-(3) & (4)(a)(2)

Contacts

Regional Extension Agents

About

Click on a county to find an ACES regional extension agent in your area

Phyllis Fenn, BS

Job Title

Standardization Officer

Organization

Alabama Department of Public Health

Email

[email protected]

Law Dates

April 2009

Home Processed Rule Change

June 2014

SB 159