Alabama Cottage Food Laws 2026: No Food Permit, No Sales Cap

Pick your route

Alabama has one main route, plus a narrower exclusion in the state's food rules.

Cottage food operation

This is the route the rest of this guide covers. Section 22-20-5.1 of the Code of Alabama, amended in 2021, and the state food rule have you make the food in your home, complete a food safety course, label what you sell, and sell directly to consumers.

Home kitchen food at a farmers market or charity sale

The state food rule does not treat a private-home kitchen as a food establishment if only food that is not time/temperature controlled for safety is prepared for sale at a function such as a charitable, religious, civic or not-for-profit organization's food sale, or at a state-sanctioned farmer's market. A clearly visible label, tag or placard at the sale must tell consumers the food was prepared in a kitchen that is not inspected by a regulatory agency. The exclusion does not allow low-acid foods in hermetically sealed containers, such as home-canned vegetables, that a permitted establishment did not prepare. ADPH says state-sanctioned farmers' markets fall under the Farmers Market Authority, so consult it before relying on this route.

What you can sell

Alabama defines cottage food as food that needs no time or temperature control for safety and has no meat, poultry or fish. The definition names cakes, breads, Danish pastries, donuts, pastries and pies; jam, jellies and fruit preserves; candy; dried and dehydrated herbs, herb mixes, vegetables and fruits; roasted coffee; dried baking mixes; and fermented or preserved vegetables or fruit that do not produce alcohol and have an acidity level the department allows.

The list follows the words "including the following," so it may not be complete. Alabama Extension's fact sheet also names cookies, candied or roasted nuts and popcorn. Ask your county health department before you sell a food on neither list.

Some foods need a test first. ADPH says pickles and other fermented vegetables, and acidified foods such as salsa, need pH verification from a processing authority or Alabama Extension, not your own pH meter, and freeze-dried foods need a water activity verification. Extension lists fruit butters and barbecue sauce among foods that can be sold with a safe water activity under 0.88 or a pH under 4.2, as defined by ADPH. No source we checked names hot sauce, so ask your county.

What you can't sell

• Meat, poultry or fish.
• Baked goods with a part that needs refrigeration, such as custard pies, cakes with whipped topping, cheesecakes and raw cookie dough (Extension).
• Garlic in oil mixtures, milk products such as cheeses, vegetable pizzas and kombucha (Extension lists these too).

How and where you can sell

The law has you sell only directly to consumers, in person, by phone or online in the state, and deliver to consumers in the state in person, through an agent of the producer, or by mail.

• Venues. ADPH says you may sell from any venue the health department does not permit, such as a tent, booth, van or storefront, if you made the food at home and sell it directly to the consumer. You may not sell in an establishment or mobile food unit the health department permits.
• Online and shipping. ADPH says online sales are fine as long as the receiving person is in Alabama, and mail delivery is allowed within the state.
• No resale. ADPH says permitted food establishments cannot sell food made in a private home, and consignment in a retail store is out. Extension adds that you cannot sell to restaurants, grocery stores or novelty shops for resale.
• Farmers markets. Check with the Farmers Market Authority, and ask each market about its vendor rules.

Training, county review and your kitchen

Food safety course. The operator must complete a food safety course approved by the department and keep the certification. ADPH says Extension's course for cottage food operations and any ANSI-accredited food safety program are accepted. Extension's course costs $25 and the certification is good for 3 years. ADPH says you must retake a course when it expires.

County review. ADPH says to take your certificate, a sample label and your completed review form to your county health department. ADPH says the county reviews only the certificate and labels, and does not inspect your kitchen. The review form asks for a copy of your label, your current certificate and, if it applies, a pH or water activity verification. ADPH says fees vary by county, and that the county can give you written confirmation of the review for a business license.

Your kitchen. You operate out of your home, which the law defines as a primary residence with a kitchen and appliances designed for common residential use. ADPH can issue a stop sale, seize or hold order for any food suspected of causing a foodborne illness. Extension says your city or county may require a business license, and zoning laws or a rental agreement may restrict a home food business.

Labels

Alabama has one label for cottage food. ADPH says it must be on every product you sell, set in at least 10-point type, and that a QR code cannot replace the required items. Extension also lists a net weight and a "Contains" line for major allergens as recommended labeling.

Before your first sale

• ☐To do: Check each product against the allowed list, and note any that need a pH or water activity verification.
• ☐To do: Take an approved food safety course, such as Extension's $25 course, and keep the certificate.
• ☐To do: Print a label with every item the law requires, in at least 10-point type.
• ☐To do: Take the review form, certificate, sample label and any verification to your county health department, and ask what it charges.
• ☐To do: Ask your city or county about a business license and zoning, and the Alabama Department of Revenue about sales tax.
• ☐To do: Set prices that cover ingredients, packaging and your time (first sales guide).

Common questions