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Florida Cottage Food Law

Florida cottage food law lets you bake, cook and pack shelf-stable food in your own home and sell it to the people who eat it, with no state food permit, no registration and no routine inspection. You can sell in person, online and by mail, and ship with USPS or a courier. Stay under $250,000 in gross sales a year, keep everything prepackaged and labeled, and never sell wholesale.

Florida cottage food law: map of the United States with Florida highlighted
Sales cap$250,000 a yearCounted across every product and every place you sell, no matter how many people work in the business.Fla. Stat. 500.80(1)
Permit or registrationNoneFollow section 500.80 and stay under the cap, and you skip the FDACS food permit entirely.
Online and mail orderAllowedSell and get paid through a website or by mail order, then hand the food over yourself, drop it at an event or mail it.
WholesaleNot allowedEvery sale goes to the end customer. No selling to shops, cafes or distributors for resale.
01

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.

Fla. Stat. 500.03(1)A cottage food operation is a natural person or an entity that produces or packages cottage food products at the residence of the natural person, or at the residence of a natural person who has an ownership interest in the entity, and sells them under section 500.80.

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.

02

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.

03

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 sellingAllowed?
In person, direct to the consumerYes
Online or mail order, paid in advanceYes
Delivery in person or to an event venueYes
Shipping by USPS or a commercial mail delivery serviceYes
Free samplesYes, if the samples are prepackaged
Wholesale to stores, cafes or distributorsNo
Fla. Stat. 500.80(2)A cottage food operation may sell, offer for sale, and accept payment for cottage food products over the Internet or by mail order. … A cottage food operation may not sell, offer for sale, or deliver cottage food products at wholesale.

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.

04

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).
05

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 →
The label

What your Florida cottage food label must say

Florida asks for a fuller label than most cottage food states. Every package carries these items before it is sold.

  1. 1
    Name and address
    The name and address of your cottage food operation.
  2. 2
    Product name
    What the food is, like "Coconut macaroons".
  3. 3
    Ingredients
    All ingredients, in descending order of predominance by weight.
  4. 4
    Net weight or volume
    How much food is in the package.
  5. 5
    Allergens
    Allergen information as federal labeling rules require it.
  6. 6
    Nutrition info, only with a claim
    Nutrition information as federal rules require, but only if the label makes a nutritional claim.
  7. 7
    The statement
    Set in 10-point type or larger, in a color that stands out clearly against the label.
  8. Required statement, word for wordCopy exactlyMade in a cottage food operation that is not subject to Florida's food safety regulations.
Questions

Florida Cottage Food Law: questions

No. A cottage food operation that follows the law and stays under $250,000 in yearly gross sales is exempt from the state food permit. There is no registration either.

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