Alabama allows a broad range of shelf-stable, non-potentially hazardous foods to be produced in home kitchens and sold directly to consumers. Here's the complete breakdown — organized by what's open, what's restricted, and what's prohibited.
Based on Alabama Code § 22-20-5.1 (as amended by Act 2021-456). Each food falls into one of three categories.
Alabama's cottage food regulations center on one key concept: non-potentially hazardous food. This means any food that does not require time or temperature control for safety to prevent the growth of harmful bacteria or toxin formation. If your product can sit at room temperature without becoming unsafe, it's likely eligible.
The distinction between allowed and prohibited foods is rooted in food safety science. Foods like custard pies, cream-filled pastries, and dairy products can support the rapid growth of pathogens like Salmonella, Listeria, and Staphylococcus aureus at room temperature. Because cottage food kitchens are not inspected, the state limits production to inherently safer shelf-stable foods.
For certain products — particularly fermented vegetables, salsas, hot sauces, and pickled items — Alabama requires that the product's acidity (pH) be below 4.2 or its water activity (Aw) be below 0.88. These thresholds are the scientifically recognized points below which most dangerous bacteria cannot grow effectively. You'll need to get pH verification from a processing authority (such as the Alabama Cooperative Extension System) before selling these products, and submit the results to your county health department.
The Alabama Cooperative Extension System provides pH and water activity testing for cottage food producers. Contact your local county Extension office or visit aces.edu for details.
TCS stands for Temperature Control for Safety. These are foods that must be kept below 41°F or above 135°F to prevent bacterial growth. Think raw or cooked meats, dairy, cut fruits, cooked grains and pasta, and anything containing these as ingredients. TCS foods cannot be produced or sold under Alabama's cottage food rules. If you want to sell TCS products, you'll need a licensed commercial kitchen and a food service permit. Learn more on the Prepared Meals & TCS Foods page.
These two counties are exempted by state statute from the restriction limiting sales to non-potentially hazardous foods. Cottage food sellers in Montgomery and Calhoun counties may be able to produce and sell some foods (including certain canned vegetables, slaws, soups, and stews) that would be prohibited elsewhere in Alabama. Contact the Alabama Department of Agriculture and Industries at 877-774-9519 to confirm what's allowed.
Regardless of the product type, Alabama cottage food can only be sold directly to the end consumer. You cannot sell to restaurants, grocery stores, novelty shops, or any other business for resale. You can sell in person, by phone, online, at farmers markets, from your home, or at fairs and festivals — but the buyer must always be the person consuming the product.
Check if your specific product is allowed under Alabama's cottage food regulations, with step-by-step guidance on any conditions.
Create Free Account to Use This Tool →Join Alabama's growing community of home food sellers. Set up your shop, list your products, and reach customers — backed by tools built for cottage food businesses.
Create Your Free Account →