Home and Hearth BakerCottage food production operation
Code of Ala. 1975, § 22-20-5.1; Ala. Admin. Code r. 420-3-22-.01(4)(a)8 and (4)(a)14(iii) · Act 2014-180 (SB 159, 2014); amended by SB 160 (2021), signed 2021-05-17 (Act number shown as 2021-461 by LegiScan and as 2021-456 in the Code history note; see open questions). ADPH rule 420-3-22-.01 repealed and replaced effective 2025-02-14.
Yearly sales limit
No state limit
No sales cap. The 2014 law capped annual gross income at $20,000; SB 160 (2021) removed it. ADPH: the annual income limit was removed. The current Code section (2025) and ADPH rule 420-3-22-.01 set no dollar limit.
No sales cap. The 2014 law capped annual gross income at $20,000; SB 160 (2021) removed it. ADPH: the annual income limit was removed. The current Code section (2025) and ADPH rule 420-3-22-.01 set no dollar limit.
Permit or registration
Yes
Review (registration) of food safety certificate and sample label by the county health department; not a permit (statute: no food service permit needed)
Local county health department (Alabama Department of Public Health); Jefferson County Department of Health in Jefferson County
Fee: Varies by county; ask the local county health department (ADPH)
Official page
Review (registration) of food safety certificate and sample label by the county health department; not a permit (statute: no food service permit needed)
Local county health department (Alabama Department of Public Health); Jefferson County Department of Health in Jefferson County
Fee: Varies by county; ask the local county health department (ADPH)
Official page
Food safety training
Yes
Food safety course approved by ADPH: Alabama Cooperative Extension System Cottage Food Law course ($25, online or in person) or an ANSI-accredited food safety program
Food safety course approved by ADPH: Alabama Cooperative Extension System Cottage Food Law course ($25, online or in person) or an ANSI-accredited food safety program
Where you make it
The operator's home: a primary residence that contains a kitchen and appliances designed for common residential use (§ 22-20-5.1(a)). The health department does not inspect the home kitchen (ADPH). Pets in the home: not addressed.
Selling in person
Allowed: directly to consumers in Alabama, in person (statute). ADPH: from non-permitted venues such as a van, cart, tent, booth, or storefront, but not from a health-department-permitted establishment or mobile unit. State-sanctioned farmers markets: ask the Farmers Market Authority (ADPH).
Phone and online orders
Allowed: by phone or online, if the buyer is in Alabama (§ 22-20-5.1(a))
Delivery and shipping
Allowed within Alabama: in person or through an agent of the producer (a person who delivers on the producer's behalf) (statute; ADPH FAQ)
Selling out of state
No
Stores and wholesale
No
Examples you can sell
Cottage food: a non-potentially hazardous food prepared in a person's home that does not require time or temperature control for safety, and does not include meat, poultry, or fish (§ 22-20-5.1(a)(1); r. 420-3-22-.01(4)(a)8)
- Cakes, breads, Danish pastries, donuts, pastries, and pies (statute list)
- Jam, jellies, and fruit preserves (statute list)
- Candy (statute list)
- Dried and dehydrated herbs, herb mixes, vegetables, or fruits (statute list)
- Roasted coffee (statute list)
- Dried baking mixes (statute list)
- Fermented or preserved vegetables or fruit that do not produce alcohol and have an acidity level allowed by ADPH (statute list; needs pH verification)
- Cookies, cheese straws, candied or roasted nuts, flavored popcorn (ACES guide FCS-2058; not in the statute list)
- Foods with less than 3% alcohol, such as Alabama Lane Cake (ADPH FAQ)
Not allowed
- Potentially hazardous foods that need time or temperature control for safety (statute)
- Meat, poultry, and fish in any form, e.g. beef jerky, pigs in a blanket (statute; ADPH FAQ)
- Baked goods with refrigerated parts: custard pies, cakes with whipped topping, cheesecakes, raw cookie dough (ACES guide)
- Milk products such as cheeses and frozen milk desserts (ACES guide)
- Garlic in oil, vegetable pizzas, kombucha (ACES guide)
- Foods with more than 3% alcohol unless cleared with the Alabama Beverage Control Board (ADPH FAQ)
- Pet foods and treats, medical or health supplements (ACES guide)
The statement your labels must carry
This food is not inspected by the Alabama Department of Public Health or a local health department. This food may contain allergens.
In type at least 10 point.