26-2-478. Local regulation.

In addition to the regulation of cottage food items under this article by the department and the Commissioner, the governing authority of any county or municipality may elect to prohibit cottage food operators from selling cottage food items through third-party vendors within its jurisdiction through the adoption of an ordinance providing as much. Any such ordinance shall only be adopted at a hearing occurring at least 15 but not more than 45 days after a notice of the hearing is published within a newspaper of general circulation within the territorial boundaries of the local government. Any such county or municipality may employ its local board of health to assist in such matters.#

No ordinance authorized under subsection (a) of this Code section shall become effective until the county or municipality notifies the Commissioner and the department of such ordinance prior to the effective date of the required ordinance.#

Neither the Commissioner, nor the department, shall be responsible or liable for any prohibition or regulation enacted by ordinance pursuant to subsection (a) of this Code section.#