Alabama cottage food law for home bakers

The short version

Alabama sets no dollar cap on cottage food sales since a 2021 law struck the old twenty-thousand-dollar limit, and it asks for a one-time review, not a state license: a food safety course certificate and a sample label go to her local county health department before she starts.

She can sell in person, by phone or online, and have the food delivered by herself, an agent, or the mail, as long as the buyer is inside Alabama.

Registering

The rule is administered by Alabama Department of Public Health; the guide reads Ala. Code § 22-20-5.1, as amended by SB 160 (Act 2021-461), effective 2021-08-01 under the act's own Section 2 (effective the first day of the third month after passage and approval), applied to the bill's May 6, 2021 House passage date.

There is no state fee or state-run registration. She takes an approved food safety course, then brings her certificate and a sample label to her local county health department, which reviews the paperwork rather than inspecting her kitchen; any review fee is a local county matter, not a statewide one.

Where you can sell, and whether online counts

A sale can happen in person, by phone or online, and delivery can run through her, an agent working for her, or the mail, as long as the person receiving it is in Alabama. Selling in a restaurant, through a permitted food establishment or mobile unit, or on consignment at a retail store is off the table.

What goes on the label

Every label needs the food's common name, her name and home or P.O. Box address, a full ingredient list, a line stating the Health Department has not inspected it, and an allergen disclaimer, all printed no smaller than 10-point type.

The law requires a statement that the food is not inspected by the Health Department and a disclaimer that it may contain allergens, without fixing the exact wording of either sentence

• The common or usual name of the food
• The name of the cottage food operation
• The home or P.O. Box address of the operation
• Ingredients in descending order of predominance
• A statement that the food is not inspected by the Health Department
• A disclaimer that the food may contain allergens

What you can bake and sell

Baked goods, jams and candies make the list, along with dried herbs, roasted coffee and baking mixes. Meat, poultry and fish are excluded outright, even as an ingredient in something like a filled pastry, and any potentially hazardous food needs a real license instead.

• Allowed: Cakes, breads, Danish pastries, donuts, pastries and pies; jam, jellies and fruit preserves; candy; dried and dehydrated herbs, herb mixes, vegetables or fruits; roasted coffee; dried baking mixes; and fermented or preserved vegetables or fruit that do not produce alcohol, at an acidity level the department allows
• Not allowed: Meat, poultry or fish in any form, including as an ingredient or filling; any potentially hazardous food; and anything sold from an establishment or mobile unit the Health Department itself permits, or through a restaurant or on consignment

The sales cap

Alabama sets no cap on cottage food sales; sB 160 (Act 2021-461) removed the previous twenty thousand dollar annual gross income limit; its own Section 2 sets the effective date as the first day of the third month after passage and approval, and the enrolled bill shows House passage on May 6, 2021.

Work out how much room you have left this year with the cottage food sales cap checker.

What changed

August 1, 2021: SB 160 (Act 2021-461) removed the previous twenty thousand dollar annual gross income cap, allowed online sales and delivery by mail or an agent within the state, and added a nutrition and ingredient information requirement to the label.

Questions people ask

Do I need to register to sell cottage food in Alabama?

Yes, Alabama requires registration before the first sale. Complete an approved food safety course, then bring the certificate, a sample product label and a completed Cottage Food Review Form to her local county health department for review before selling. Fee: Set by each county health department; the state names no figure.

Has the cottage food sales cap in Alabama changed over time?

no cap from August 1, 2021.

Can I take orders online in Alabama?

Yes, you can take orders online. You can hand an order over in person or send it anywhere inside the state.

Can I deliver or ship cottage food in Alabama?

Delivery is allowed. Shipping inside the state is allowed.

What does my Alabama cottage food label need to say?

The label must include: The common or usual name of the food, The name of the cottage food operation, The home or P.O. Box address of the operation, Ingredients in descending order of predominance, A statement that the food is not inspected by the Health Department, A disclaimer that the food may contain allergens.

Sources

• SB 160 (Act 2021-461), enrolled act amending Ala. Code § 22-20-5.1alison.legislature.state.al.us
• Alabama Department of Public Health, Cottage Foodalabamapublichealth.gov
• Alabama Department of Public Health, Cottage Food Review Formalabamapublichealth.gov