Which Georgia Food Permit Do You Need? GDA Food Sales License vs County Health Permit

If you plan to sell food in Georgia, the first question is which agency you deal with. The answer depends on where the food is eaten, not on what the food is. Food sold mainly to be eaten away from the premises falls under the Georgia Department of Agriculture (GDA), which issues a state food sales establishment license. Food eaten on the premises or served as catering falls under the county board of health, which issues a food service permit. Applying to the wrong agency wastes weeks, and many guides blur the two systems, so this page sorts them out first.

This page is a hub. It tells you which agency to contact, then points you to the detailed guide for your business type. It is informational content, not legal or tax advice. For complex situations, talk with a qualified attorney or CPA.

The Two Sides of Georgia Food Regulation

Georgia treats these as two separate systems. They are not interchangeable, and a permit from one does not replace the other.

Food sales establishment (Department of Agriculture)	Food service establishment (county board of health)
Food is sold mainly for consumption away from the premises.	Food is eaten on the premises or served as catering.
Examples: grocery and convenience stores, bakeries, seafood markets, meal prep businesses, vending machines, rolling stores and mobile meat trucks.	Examples: restaurants, coffee shops, bars serving food, food trucks and caterers.
Governing law: O.C.G.A. 26-2-21.	Governing law: O.C.G.A. 26-2-371 and Rule 511-6-1-.02.
Permit: an annual state license, issued in tiers of $100 to $300 by risk level.	Permit: issued by the county, with fees set by each county.

One rule catches many owners. If a food sales business also has a small food service area, such as a bakery with a few tables, the whole operation stays with the Department of Agriculture. The food service component is treated as part of the sales establishment.

Lookup List: Which Agency Handles Your Business

Find your business type below, then open the guide for the full steps.

• Food truck or trailer: county board of health. A food truck is not a Department of Agriculture license.
• Restaurant: county board of health.
• Coffee shop: county board of health.
• Caterer: county board of health.
• Bakery with a storefront, grocery or convenience store: Georgia Department of Agriculture.
• Meal prep or ghost kitchen: Meal prep sells food for consumption away from the premises, so it usually falls under the Department of Agriculture. A ghost kitchen is unclear, so ask both agencies in writing.
• Vending: Georgia Department of Agriculture.
• Home cottage food: no state license has been required since July 1, 2025, but local business licensing and zoning still apply.

Before You Start: Materials and Information You Need

Gather these before you contact either agency. Most delays come from missing paperwork, not from the review itself.

• A one-page description of your menu or product line, including whether any food is eaten on site.
• A proposed street address, and confirmation from the city or county that zoning allows your use.
• A written business plan. The Department of Agriculture requires one.
• Documents proving citizenship or lawful status that meet the Secure and Verifiable standard. Ask the Department of Agriculture which documents qualify.
• Your legal entity's paperwork. An LLC files Articles of Organization and a corporation files Articles of Incorporation with the Georgia Secretary of State, Corporations Division. The filing costs $110 in total, which is the $100 fee plus a $10 service charge, online or on paper.
• Your Georgia Tax Center login for sales tax registration with the Georgia Department of Revenue.
• A list of any tobacco, alcohol, lottery or hemp products you plan to sell, since each needs its own license.
• A calendar that counts backward from your target opening date, using the deadlines in the steps below.

Steps for a Food Sales Establishment (Department of Agriculture)

1. Confirm the business is a sales establishment. If most of your food leaves the premises, you are in this category. Grocery stores, convenience stores, bakeries with a retail counter, seafood markets, meal prep, vending, rolling stores and mobile meat trucks all fall here.
2. Secure the location first. The Department of Agriculture does not license a private home for a food sales establishment. Confirm the space is commercial and that zoning permits your use before you sign a lease.
3. File your application at least 30 calendar days before opening. The application needs Secure and Verifiable citizenship documents and a written business plan. Late applications can push back your opening date.
4. Prepare for the pre-license inspection. The Department inspects the facility before issuing the license. Walk through the space with your equipment, sinks, storage and cooling units in place so the inspector can see a working operation.
5. Arrange a certified food protection manager. Where you handle time and temperature controlled food, a certified food protection manager is required under Rule 40-7-1-.40. Plan this training early, because it affects who must be on staff.
6. Pay the license fee by risk tier. The license is annual and not transferable. The fee is set by risk level, from $100 to $300 under O.C.G.A. 26-2-25. The license term runs July 1 to June 30 with no proration, so a license issued in March still expires June 30.
7. Calendar your renewal. Renew before September 1 to avoid a fee increase. If you do not renew by September 1, the fee rises 50 percent.
8. Clear the local layer. Once the Department's license is in place, apply for your city or county occupation tax certificate. No county or city may issue or renew a business or occupation license for a food sales establishment until it complies with the Department's rules, so the Department's license comes first.

Steps for a Food Service Establishment (County Health Permit)

The county environmental health office under the county board of health issues the permit. Each county sets its own fees and forms, so confirm those with your county board of health.

1. Call the county environmental health office early. Confirm the county handles your location and ask for the current application packet and fee schedule. Confirm the fee with the county board of health, because Georgia does not set it at the state level.
2. Submit plans and specifications for plan review at least 14 business days before construction. Include equipment layouts, finish schedules, hand sinks, dish areas and storage. Do not start build-out until plan review is complete, or you risk having to tear out work.
3. Apply at least 10 business days before opening. The county needs time to schedule the inspection after your build-out is finished.
4. Pass the pre-opening inspection. Have the kitchen fully stocked and operating so the inspector can see the actual workflow. Corrections found at inspection can delay your opening.
5. Get a Certified Food Safety Manager within 60 days of permit issuance. The county requires this within the window, so schedule the exam early and keep your certificate on file.
6. Understand the permit's limits. A county food service permit goes to one holder, for one location and one type of operation. It is not transferable. If you sell the business or add a new operation type, plan to contact the county again.
7. Clear the local layer. Apply for your city or county occupation tax certificate and confirm zoning. Inside city limits, the city issues the certificate, not the county.

Special case for nonprofit events. Under O.C.G.A. 26-2-391, a county or city sponsoring a nonprofit event may issue free permits for events of 120 hours or less in place of Department of Agriculture licenses. This applies to the sponsoring government's event, not to a standing business.

Sales Tax, Registration and Other Requirements

Your food permit is only part of the setup. Most food businesses also need the following.

• Sales tax registration. Register at the Georgia Tax Center. Registration is free. Prepared food, such as restaurant meals, food truck sales, coffee and catered meals, is taxable at the state rate plus local rates. Ask the Department of Revenue how grocery-type items are taxed for your products.
• Sales tax rates. The state rate is 4 percent. Combined state and local rates run from 6 percent to 9 percent depending on the county and city, and Atlanta's combined rate is 8.9 percent.
• Resale certificates. Georgia issues no separate resale permit. The resale instrument is Form ST-5, the certificate of exemption, which you give to suppliers when buying items for resale.
• Workers' compensation. Required at three or more workers, including part-time workers.
• E-Verify. Private employers with more than 10 employees must file an E-Verify affidavit to get the local occupation tax certificate under O.C.G.A. 36-60-6.
• Remote sales. Out-of-state sellers owe Georgia sales tax collection at $100,000 of Georgia sales or 200 separate transactions.
• Entity filings. An LLC files an annual registration of $60 ($50 plus a $10 service charge) between January 1 and April 1 each year. A corporation's first annual registration is due within 90 days of incorporating. Corporations and LLCs taxed as corporations also owe the net worth tax of $0 to $5,000 by net worth. Georgia levies no franchise tax on a typical single-member or partnership LLC. Income passes through at the flat individual rate of 5.19 percent for 2025 and 4.99 percent for 2026.

Georgia has no general state business license. The Secretary of State issues none, and sales tax registration with the Department of Revenue is not a business license. The local occupation tax certificate, often called a business license, is issued by the city, or by the county for unincorporated areas, under O.C.G.A. Title 48, chapter 13. Georgia has 159 counties and about 537 cities and towns, and each sets its own formula, deadlines and prerequisites. More than half of Georgians live outside any city, so for many owners the county is the issuer. A business inside a city pays the city, not the county.

Common Mistakes to Avoid

• Treating the two agencies as interchangeable. A county permit does not replace a Department of Agriculture license for a grocery or bakery, and the reverse is also true.
• Assuming a food truck is a Department of Agriculture license. Food trucks serve food on the premises or at events and fall under the county health permit.
• Using a home kitchen for a sales license. The Department of Agriculture does not permit a private home for a food sales establishment, so cottage food rules are different and separate.
• Signing a lease before confirming the agency. Ask both agencies in writing before you commit to a space, especially for ghost kitchens and mixed concepts.
• Missing the lead times. The Department of Agriculture needs at least 30 calendar days, plan review needs at least 14 business days before construction, and the county application needs at least 10 business days before opening.
• Letting the license lapse. The license runs July 1 to June 30, and the fee rises 50 percent if you do not renew by September 1.
• Forgetting the retail add-ons. Grocery and convenience stores that sell tobacco, alcohol, lottery tickets or hemp need separate licenses. See the Georgia liquor license guide and the hemp and CBD retail guide.
• Skipping the local certificate. A state or county food license does not cover your city or county occupation tax certificate or zoning approval.

Expected Results

Results depend on how complete your application is, how ready your facility is at inspection, and the workload of the reviewing office. A complete, on-time application with a ready facility may move through review without major corrections, but no agency guarantees a date. Plan for a buffer of several weeks beyond the minimum deadlines.

Permits and licenses are also not a guarantee of food safety. They show that the facility met the rules at the time of inspection. Ongoing training, sanitation and temperature control are your responsibility after opening. Treat the certified food protection manager and food safety requirements as the start of your compliance work, not the end.

When You Are Not Sure Which Agency Applies

Ghost kitchens, meal kits, mixed concepts and shared commissaries often fall between the two systems. Do not guess. Send a written question to the Department of Agriculture and to your county environmental health office, describe the exact operation, and keep the replies. Get those answers before you sign a lease, buy equipment or announce an opening date.

Next Steps and Helpful Resources

Use the lookup list above to find your guide, then work through the steps for your agency. For help with the business side, the Georgia Small Business Development Center (SBDC) at the University of Georgia offers free advising, and the SBA Georgia district page lists local resources. For entity filings, use the Georgia Secretary of State eCorp portal and check the business search to confirm your name is available.

Disclaimer: This article is informational only and is not legal or tax advice. Fees, deadlines and rules change, so confirm current requirements with the Georgia Department of Agriculture, your county board of health, your city or county, the Secretary of State and the Department of Revenue before you act. For complex situations, consult a qualified attorney or certified public accountant.