Who can run a Florida cottage food operation
Florida calls a home food business a cottage food operation. It can be a single person working from their own residence, or a business entity working from the residence of a person who has an ownership interest in it. So an LLC is fine, as long as the food is made in an owner's home.
You may only sell products you store at your home. Renting a commercial kitchen or a storage unit for your stock takes you outside the cottage food rules.
Which foods the Florida cottage food law allows
The test is safety at room temperature. A cottage food product is food that is not time or temperature controlled for safety. Anything that has to stay in the fridge to be safe is out. The Florida Department of Agriculture and Consumer Services (FDACS) lists these as approved cottage foods:
- Loaf breads, rolls, biscuits
- Cakes, pastries and cookies
- Candies and confections
- Honey
- Jams, jellies and preserves
- Fruit pies and dried fruits
- Dry herbs, seasonings and mixtures
- Homemade pasta
- Cereals, trail mixes and granola
- Coated or uncoated nuts
- Vinegar and flavored vinegars
- Popcorn and popcorn balls
Not sure about a product that sits between categories, like a filled pastry? Ask FDACS before you sell it. The definition decides, not the name of the food.
Where and how you can sell
Florida is one of the states where a home baker can run a real online shop. The law lets you sell, offer and take payment over the internet or by mail order, and it names the ways the food can reach your customer.
| Way of selling | Allowed? |
|---|---|
| In person, direct to the consumer | Yes |
| Online or mail order, paid in advance | Yes |
| Delivery in person or to an event venue | Yes |
| Shipping by USPS or a commercial mail delivery service | Yes |
| Free samples | Yes, if the samples are prepackaged |
| Wholesale to stores, cafes or distributors | No |
Every product you sell has to be prepackaged with the label already on it. Loose cookies on a tray at a market don't qualify: pack and label them at home first.
Permits, inspections and local rules
There is no cottage food permit in Florida and nothing to register. A cottage food operation that follows section 500.80 and stays under the sales cap is exempt from the permit that other food businesses need under section 500.12. The cottage food section also sets no training requirement.
- Inspections happen only after a complaint. Refusing entry to an inspector is grounds for discipline.
- FDACS can ask for written proof of your yearly gross sales.
- State and federal tax rules still apply to you.
- Cities and counties can't ban cottage food or regulate how you make, store or sell it. You still follow the state's home-based business rules (section 559.955).
When you outgrow the Florida cottage food law
Selling past $250,000 a year, supplying a store, or making foods that need refrigeration? Then you need a food permit from FDACS, and the cottage food section no longer applies to you. From that point the full federal label is the norm, often with a Nutrition Facts panel that stores ask for.
Nutrition Facts Label Requirements →