Selling homemade jam in Georgia after HB 398

Yes. Georgia's cottage food law lists "jams, jellies, and preserves" by name [4], and since HB 398 took effect on July 1, 2025 you no longer need a state license [1] [3]. Georgia also lets home jam go into grocery stores and even restaurants, which most states do not [3] [4]. The condition to get right first is the label disclosure, and here Georgia's own sources disagree: the statute and the Department of Agriculture's FAQ print different statements [2] [4]. Fruit butters are a second open question. Below, the settled points come first, then the open ones and how to get a firm answer from the Georgia Department of Agriculture (GDA).

What HB 398 changed

GDA says it "will propose new regulations to implement the law" [3], and it marks both its posted statute text and its rule (Ga. Comp. R. & Regs. 40-7-19-.08) as under revision [1]. Expect details to move.

Which preserves Georgia allows

The statute's definition of cottage food lists "jams, jellies, and preserves" among non-potentially hazardous foods, alongside dill pickles and flavored vinegars [4]. GDA's FAQ adds that "Most home- canned products are not approved," with jams and jellies as the exception [2].

Fruit butters. GDA's FAQ answers "Can I make and sell apple butter, pumpkin butter or other fruit butters?" with no, because "Fruit butters have significantly less sugar than a traditional jam or jelly," which raises the botulism risk [2]. The new statute does not mention fruit butters [4]. Until GDA's new rule says otherwise, treat apple and peach butter as not allowed, and pumpkin butter as unsafe to can in any state. The safe ways to make fruit butter at home are on fruit butter.

Pepper jelly, low-sugar jam and freezer jam are not addressed by GDA's page, FAQ or the statute [1] [2] [4]. The test is whether the product is "non-potentially hazardous," meaning it does not need temperature control for safety [4]. Freezer jam does need it. Pepper jelly depends on added acid, so handle it as an acidified food until a process authority says otherwise (pepper jelly). Ask GDA in writing before you sell either, or a low-sugar line.

Selling to shops and restaurants

Georgia now lets you sell to grocery stores, restaurants, convenience stores and other retailers [3] [4]. Three conditions apply:

• Disclosure at the store. Buyers must be told the jam came from a home kitchen, by "product labels, signage and separation at the point of sale, or verbally" [3].
• Local opt-outs. A city or county may pass an ordinance banning cottage food sales through third-party vendors, after a public hearing and notice to the state [3] [4]. Ask your city and county clerk before you pitch a store.
• Delivery. A county or city may not stop commercial delivery companies from delivering cottage food [4].

How to approach a buyer and set wholesale prices is on selling jam to shops and cafes.

Online sales and the state line

You may sell "directly to a person, including online and by mail order" [4]. GDA's FAQ describes online sales "to the end consumer within Georgia" and warns that "engaging in interstate commerce may subject them to oversight by the U.S. Food and Drug Administration" [2]. If federal rules apply, GDA says the product would need a Manufactured Food Establishment License, which cannot be issued for food made in a home kitchen [2]. Advocacy groups report that HB 398 opened interstate sales; GDA's own pages do not say so. Keep sales in Georgia unless GDA tells you otherwise in writing.

The disclosure statement: two versions

The statute is the newer text. Email GDA and ask which statement to print; keep the reply with your records. Either way, the statute lets you print an identification number from GDA in place of your home address, on written request [4]; GDA posts an Identification Number Registration Form for it [1]. Federal label elements are on what a jam label must say.

Training and well water

GDA's cottage food page still says operators "must complete an American National Standards Institute (ANSI) accredited food safety training program," with food handler training accepted [1]. The HB 398 text GDA posts does not list a training requirement [4]. Until GDA's new rule settles the point, taking a course is the safer choice. If your kitchen uses a private well, GDA says "the well water should be tested, at least annually, for coliform bacteria and nitrates" [2].

Asking GDA

Georgia Department of Agriculture, cottage food: CottageFoodInfo@agr.georgia.gov, (404) 656-3627 [1] [3]. The law is O.C.G.A. § 26-2-470 et seq. [4]. Send your questions about the label statement, fruit butters and pepper jelly in one email, and ask GDA to tell you when its new rule is final. This page was last verified in October 2026.

Pitching a Georgia shop or restaurant

Store sales mean a sell sheet, a wholesale price and a decision on consignment. Selling jam to shops and cafes covers the buyer meeting and what buyers ask for, and how to price jam shows how to set a wholesale price that still pays for the fruit.

References

1. Georgia Department of Agriculture, Cottage Food, not dated (viewed October 2026). https://agr.georgia.gov/cottage-food
2. Georgia Department of Agriculture, Cottage Food FAQ, not dated (copyright 2026; viewed October 2026). https://agr.georgia.gov/cottage-food-faq
3. Georgia Department of Agriculture, Cottage Food Update: HB 398 Frequently Asked Questions, not dated (2025). https://agr.ga.gov/sites/default/files/documents/assets/Cottage-Food-Update-HB398-Frequently-Asked-Questions.pdf
4. Georgia Department of Agriculture, HB 398 Cottage Food Law, O.C.G.A. § 26-2-470 et seq. (posted text marked "Under Revision"), not dated (viewed October 2026). https://agr.georgia.gov/sites/default/files/documents/assets/HB-398-Cottage-Food-Law-OCGA-26-2-470-et-seq-Under-Revision.pdf