Georgia House bill by author Rep. Hagan on cottage food sales passes House and Senate

Passed bill authored by State Rep. Leesa Hagan aims to allow and regulate the production and sale of cottage food items, following approval in both the House and Senate, according to the Georgia State House.

It passed both chambers as of Wednesday, April 2, clearing the House by a vote of 171-2 and the Senate by a vote of 54-2.

The bill, introduced as HB398 on Tuesday, Feb. 11 during the 2025 regular session of the 158th General Assembly, was formally described as: ’Food, drugs, and cosmetics; authorize production and sale of cottage food items with certain exemptions, requirements, and disclosures’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends Georgia’s food laws to authorize the production and sale of cottage food items, which are non-potentially hazardous foods prepared and possibly packaged at the producer’s residential property. The bill requires cottage food operators to provide consumers specific labeling information, including a statement indicating exemption from state inspection. Retail establishments selling these items must display signage informing consumers of their exemption from commercial food regulations. Additionally, local governments are prohibited from regulating these food items with certain exceptions, and the state’s Department of Agriculture may inspect operations for consumer complaints. Violations can incur civil penalties after initial written warnings. Effective immediately upon becoming law, this bill also revises various definitions related to food establishments to incorporate provisions for cottage food operators.

In the House, 73 Democrats and 98 Republicans voted in favor of the bill, while one Democrat and one Republican opposed it.

Meanwhile, in the Senate, 22 Democrats and 32 Republicans voted in favor, while one Democrat and one Republican voted against it.

The bill was co-sponsored by Rep. Katie Dempsey (Republican-13th), Rep. Houston Gaines (Republican-120th), and Rep. Brian Prince (Democrat-132nd), along with three other co-sponsors.

Hagan graduated from the University of Georgia in 1995 with a BS.

Hagan, a Republican, was elected to the Georgia State House in 2021 to represent the state’s 156th House District, replacing previous state representative Greg Morris.

The bill was signed into law by Gov. Brian Kemp on Tuesday, May 13.

In Georgia, the legislative process begins when a lawmaker, often at a constituent’s request, works with the Office of Legislative Counsel to draft a bill. After filing with the Clerk of the House or Secretary of the Senate, the bill receives its first reading and is sent to a committee, where most of the debate and fact-finding takes place. If approved, it advances to the floor for a third reading, debate, and a vote. To become law, the bill must pass both chambers, sometimes through a conference committee if versions differ, before being sent to the governor. The governor then has six days during session—or 40 days after adjournment (Sine Die)—to sign, veto, or allow the bill to become law without a signature. The Georgia General Assembly meets annually for a 40-day session beginning the second Monday in January.

Information in this article was obtained from the Georgia State House. The source data can be found here.