Ever dreamed of turning your kitchen into a business? In Alabama, that’s possible thanks to the state’s cottage food laws. These rules let you make and sell certain homemade foods without the headaches of a commercial kitchen. But what’s really allowed, and what should you watch out for? Here’s a plain-English, up-to-date guide to Alabama’s cottage food laws for anyone hoping to sell cookies, jams, cakes, and more from home.
What Are Alabama’s Cottage Food Laws?
Alabama’s cottage food laws allow people to make and sell specific low-risk foods directly to consumers from their homes, farmers markets, roadside stands, and some events. You don’t need a state license or commercial kitchen, but there are clear rules about what you can sell, where, and how. The main law is found in Alabama Code § 20-1-20 and rules set by the Alabama Department of Public Health (ADPH).
What Foods Can You Sell Under Alabama’s Cottage Food Law?
Not every homemade treat is fair game. Alabama’s cottage food law is designed to cover foods that are unlikely to spoil or grow dangerous bacteria at room temperature. You can sell:
- Baked goods (cakes, cookies, brownies, muffins, breads)
- Jams, jellies, and fruit preserves (made with high-acid fruits)
- Candy and confections
- Dry herbs, seasonings, and mixes
- Roasted coffee beans and dried teas
- Popcorn, granola, and coated/uncoated nuts
- Honey and similar shelf-stable sweets
Not allowed: Anything that requires refrigeration, including cheesecakes, custards, salsas, fresh salsas, pickles, canned vegetables, meat, or dairy-based products. If it needs to be kept cold, it can’t be sold as a cottage food in Alabama.
Where Can You Sell Cottage Foods in Alabama?
Alabama cottage food producers can sell:
- Directly to consumers (in-person, including at farmers markets, roadside stands, events, or even from home by appointment)
- Online, but only for local pickup or direct delivery (not shipped across state lines)
No wholesale or resale: You cannot sell cottage foods to restaurants, grocery stores, or retailers for them to resell.
What Are the Key Requirements?
- Annual limit: As of 2021, Alabama removed its previous $20,000 sales cap—so there’s no set maximum annual revenue for cottage food sales!
- Food safety training: All cottage food producers must complete an approved food safety training course (like ServSafe or an ADPH course). Keep your certificate on file.
- Labeling: Every cottage food item must be labeled with:
- Name and address of the producer
- Name of the food product
- Ingredients in order of weight
- Statement: “This food is not inspected by the Department of Public Health.”
- Allergens as required by federal law
- Inspections: Your home kitchen won’t be inspected by ADPH for cottage foods, but you must still follow safe food handling practices. If there’s a complaint or foodborne illness, officials can investigate.
What About Taxes and Other Legal Details?
You must report your cottage food sales as income on your taxes. You may also need a local business license, and you’re responsible for collecting sales tax where applicable—rules vary by city and county, so check with your local revenue office.
Can I Sell Online?
Yes, but Alabama law requires all cottage food sales to be direct to the end consumer. You can take orders online, but you cannot ship cottage foods across state lines, nor sell to third-party delivery or retail services.
Common Mistakes to Avoid
- Selling foods that need refrigeration or are not on the approved list
- Failing to complete a food safety course
- Missing required labeling (especially the “not inspected” disclaimer)
- Selling through grocery stores or to restaurants
- Shipping products out of state
Enforcement and Penalties
While Alabama’s cottage food law is business-friendly, breaking the rules can mean fines, being ordered to stop sales, and possibly liability if someone gets sick from your food. Take food safety and legal compliance seriously.
Helpful Resources
- Alabama Department of Public Health: Cottage Food Law
- Alabama Cooperative Extension System: Cottage Food Law
- Alabama Secretary of State: Business Licensing
Final Thoughts: Homemade Food, Made Legal
Alabama’s cottage food law is designed to make it easy for home bakers and small food businesses to get started, while still keeping customers safe. Follow the rules, keep your kitchen clean, and let your creativity shine—who knows, your next batch of cookies might launch the state’s next great food business!
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