26-2-473. Disclosure, labeling, and display requirements.

Except as provided in subsection (c) of this Code section, a cottage food operator or seller shall provide the following information to consumers of a cottage food item:#

1. (1)

   1. (A)

      The business name, address, and telephone number of the cottage food operator; or#

   2. (B)

      A cottage food operator or seller may elect, in lieu of providing an address pursuant to subparagraph (A) of this paragraph, to provide an identification number to be provided by the department upon written request; and#

2. (2)

   The following statement in at least 10 point font: “This product was produced at a residential property that is exempt from state inspection. This product may contain allergens.”#

Such information shall be provided:#

1. (1)

   On a label affixed to the package, if the cottage food item is packaged;#

2. (2)

   On a label affixed to the container, if the cottage food item is offered for sale from a bulk container;#

3. (3)

   On a placard displayed at the point of sale, if the cottage food item is neither packaged nor offered for sale from a bulk container; or#

4. (4)

   On the webpage on which the cottage food item is offered for sale, if the cottage food item is offered for sale on the internet.#

1. (1)

   If the cottage food item is sold by telephone or custom order, the seller may choose not to display the information required by subsection (a) of this Code section but shall disclose to consumers that the cottage food item:#

   1. (A)

      Is produced at a residential property that is exempt from state inspection; and#

   2. (B)

      May contain allergens.#

2. (2)

   The seller shall have the information required by paragraphs (1) through (3) of subsection (a) of this Code section readily available and shall provide it to consumers upon request.#

In addition to the labeling requirements provided in subsections (a) and (b) of this Code section, if the cottage food item is sold by a third-party vendor, the item shall be displayed in a separate section of the store or in a separate display case from non-cottage food items. The third-party vendor shall conspicuously label the separate section or display case as containing cottage food items that are exempt from state inspection.#