Quick Summary
Florida's cottage food law (Statute 500.80) allows you to sell non-potentially-hazardous foods made in your home kitchen without a license, permit, or commercial kitchen. The rule is simple: if a food does not require refrigeration to stay safe, it is likely allowed.
50+
Foods You CAN Sell
8+
Categories NOT Allowed
$250K
Annual Sales Limit
Not sure about a specific product? Try our free Can I Sell This? tool for instant answers.
1. Baked Goods
Baked goods are the most popular category for Florida cottage food makers, and for good reason. Nearly every type of baked product is allowed under Florida Statute 500.80, as long as it does not contain cream, custard, or other fillings that require refrigeration.
Allowed Baked Goods
Important exceptions:
Selling tip: Decorated cookies and custom cakes are among the highest-margin cottage food products. Many Florida cottage food makers earn $3,000 to $10,000+ per month selling custom cakes and cookies for weddings, birthdays, and holidays. Check our pricing strategy guide to learn how to price baked goods profitably.
2. Candies & Confections
Candy making is a popular cottage food business in Florida, especially during the holidays. Most candies are shelf-stable by nature due to their high sugar content and low water activity, making them excellent cottage food products.
Allowed Candies & Confections
Not allowed: Chocolate-covered fresh strawberries or other fresh fruit, truffles with cream fillings that require refrigeration, and any candy containing dairy that is not shelf-stable.
Selling tip: Candy makes excellent seasonal and holiday products. Peanut brittle and fudge sell particularly well at Christmas markets, while chocolate-covered pretzels and custom candy bags are popular for Valentine's Day and Easter. Gift boxes and holiday assortments command premium prices.
3. Preserved Foods (Jams, Jellies & Dried Fruit)
Jams, jellies, and other preserved foods are some of the most classic cottage food products. These items are allowed because the preservation process (high sugar content, acid levels, and/or dehydration) makes them shelf-stable and non-potentially-hazardous.
Allowed Preserved Foods
Critical exception - Pumpkin Butter: While apple butter and strawberry butter are allowed, pumpkin butter is NOT allowed. Pumpkin is a low-acid vegetable, and pumpkin butter has a pH level and moisture content that supports dangerous bacterial growth (including botulism). This is one of the most commonly misunderstood rules in cottage food law.
Selling tip: Jams and jellies with a Florida twist sell especially well. Think guava jam, key lime marmalade, mango pepper jelly, or tropical fruit preserves. Unique flavors set you apart from grocery store brands and justify premium pricing. Make sure to label them properly using our free label generator.
🍯4. Honey & Bee Products
Honey is naturally shelf-stable and one of the simplest cottage food products to sell. Florida's warm climate and abundant flowering plants make it an ideal state for small-scale beekeeping and honey sales.
Allowed Honey & Bee Products
Selling tip: Local honey commands premium prices, often $12 to $20 per jar. Many customers seek out local honey for allergy relief, making farmers markets an ideal sales channel. Infused honeys (hot honey, lavender honey) are trending and can sell for even more. Note that Florida also has separate beekeeping registration requirements through FDACS.
5. Nuts & Snacks
Nuts and snack foods are excellent cottage food products because they are naturally shelf-stable, easy to package, and have relatively long shelf lives. This category includes everything from simple roasted nuts to elaborate trail mixes and flavored popcorn.
Allowed Nuts & Snacks
Allergen warning: Nut products are among the most common allergens. Florida cottage food labeling law requires you to declare all major allergens on your labels, including peanuts, tree nuts, wheat, soy, and sesame. Be thorough and accurate with your allergen declarations. See our product labeling guide for details.
Selling tip: Flavored popcorn and gourmet granola are high-margin products with wide appeal. A bag of kettle corn that costs $0.50 to make can sell for $5 to $8 at a farmers market. Trail mix and snack mixes also do well at craft fairs, school events, and as gift items.
6. Pasta & Grains
Dried pasta and grain-based products are allowed as cottage food in Florida, provided they are fully dried and shelf-stable. This is a less common but growing category with dedicated customers who appreciate fresh, handmade products.
Allowed Pasta & Grain Products
Important: Fresh (undried) pasta that contains eggs and requires refrigeration is not allowed. Only fully dried, shelf-stable pasta qualifies as cottage food.
Selling tip: Handmade dried pasta is a niche product with devoted fans. Pair it with a recipe card or sauce suggestion for added value. Dry baking mixes in mason jars also make attractive gifts, especially during the holiday season.
7. Herbs, Spices & Seasonings
Dried herbs, spices, and custom seasoning blends are allowed under the Florida cottage food law. This is a low-cost-of-entry category that works well for makers who grow their own herbs or have expertise in creating unique flavor combinations.
Allowed Herb & Spice Products
Selling tip: Custom spice blends have extremely high margins. A jar of homemade seasoning that costs $1 to produce can sell for $6 to $10. Create signature blends with catchy names and build a repeat customer base. Florida-themed blends (Key West seasoning, Everglades rub, Gulf Coast fish seasoning) have built-in appeal for tourists and locals alike.
8. Vinegar & Flavored Vinegars
Vinegar and flavored vinegars are explicitly listed as allowed cottage food products in Florida. Vinegar's naturally high acidity (low pH) makes it inherently shelf-stable and non-potentially-hazardous.
Allowed Vinegar Products
Selling tip: Flavored vinegars pair naturally with other cottage food products. Consider creating gift sets that combine herb vinegar with a spice blend or a jar of jam. These bundles increase your average order value and make great gifts.
9. Foods NOT Allowed Under Florida Cottage Food Law
Any food that requires refrigeration, time/temperature control, or special processing for safety is not allowed under the cottage food exemption. These are called potentially hazardous foods (also known as TCS foods - foods requiring Time/Temperature Control for Safety). Here is a detailed list of what you cannot sell:
Dairy & Cream Products
Dairy products support rapid bacterial growth at room temperature.
Meat, Poultry & Seafood
Meat products require USDA/FDA oversight and refrigeration.
Eggs
Eggs are a high-risk food for Salmonella contamination.
Fermented & Cultured Foods
Fermented foods may contain live cultures that require temperature control.
Fresh Produce & Beverages
Fresh produce is perishable and requires refrigeration after cutting.
Specific Prohibited Items
These items are either potentially hazardous or regulated under separate laws.
Remember: Even if a food is on the “not allowed” list, you can still sell it in Florida — you would just need to operate as a licensed food establishment with a commercial kitchen and FDACS inspection rather than as a cottage food operation. Learn more in our complete guide to Florida cottage food law.
Wholesale is also not allowed: Regardless of what food you make, cottage food products can only be sold direct to the end consumer. You cannot sell wholesale to restaurants, grocery stores, or other retailers.
10. The Rule: “Non-Potentially-Hazardous” Explained in Plain English
The Florida cottage food law uses the term “non-potentially-hazardous” to describe which foods are allowed. This is food safety jargon that simply means: foods that do not need refrigeration or temperature control to stay safe.
The more modern term used by the FDA is non-TCS food, where TCS stands for “Time/Temperature Control for Safety.” Both terms mean the same thing.
What Makes a Food “Non-Potentially-Hazardous”?
A food is considered non-potentially-hazardous when it has one or more of these characteristics:
Low water activity (aw below 0.85)
Water activity measures how much moisture is available for bacterial growth. Dry foods like crackers, dried pasta, and jerky have low water activity. Foods with lots of sugar or salt also have reduced water activity (jams, candies, honey).
Low pH / high acidity (pH below 4.6)
Acidic foods inhibit bacterial growth. Vinegar, most fruit jams and jellies, and pickled foods fall into this category. This is why vinegar and fruit-based preserves are allowed.
Low moisture content
Foods that have been baked, dried, or dehydrated to remove most moisture are generally shelf-stable. Breads, cookies, dried herbs, and dried fruit are examples.
High sugar content
Sugar binds with water and reduces the moisture available for bacteria. This is why candies, fudge, and jams are shelf-stable.
The counter test: A simple (unofficial) way to think about it: if you can leave the food on your kitchen counter for several days without it becoming unsafe to eat, it is probably non-potentially-hazardous. This is not a substitute for proper food safety knowledge, but it is a helpful mental shortcut.
11. Gray Area Foods: Common Questions
Some foods fall into a gray area where the answer depends on the specific recipe, preparation method, or ingredients used. Here are the most common “gray area” questions Florida cottage food makers ask:
Can I sell cake pops?
Cake pops made with standard cake and buttercream or candy melts are allowed. They become a problem only if you use cream cheese frosting, whipped cream, or other perishable fillings. Stick to shelf-stable frostings and coatings and you are in the clear.
Can I sell dog treats?
Non-meat dog treats made from flour, peanut butter, oats, pumpkin (baked into a dry product), and similar shelf-stable ingredients are generally allowed. Treats containing meat, poultry, fish, or animal by-products are not allowed under the cottage food law and would require a separate pet food manufacturing license.
Can I sell hot sauce?
Hot sauce is one of the trickiest gray areas. A vinegar-based hot sauce with a pH below 4.6 may qualify as non-potentially-hazardous. However, sauces with fresh ingredients, low vinegar ratios, or near-neutral pH levels would not qualify. If you want to sell hot sauce, get your recipe professionally pH tested (usually $25-$75) and consult with FDACS before selling.
Can I sell sourdough bread?
Sourdough bread is fully allowed. All breads are non-potentially-hazardous baked goods. The natural fermentation process used to leaven sourdough does not change its safety classification. Sourdough is one of the most popular and profitable cottage food products in Florida.
Can I sell chocolate-covered strawberries?
Chocolate-covered strawberries contain fresh fruit, which is perishable and requires refrigeration. They are considered potentially hazardous. However, chocolate-covered dried fruit and chocolate-covered nuts are allowed because the dried fruit and nuts are shelf-stable.
Can I sell macarons?
Macaron shells themselves are fine (they are baked meringue). The question is the filling. Macarons with buttercream filling are generally acceptable. Macarons with ganache, cream cheese, or fresh fruit fillings that require refrigeration would not qualify. Use shelf-stable fillings like buttercream, jam, or nut butters.
Can I sell caramel apples?
Caramel apples contain fresh fruit and have been linked to Listeria outbreaks. The combination of a fresh apple with a caramel coating creates moisture pockets that can support bacterial growth. These are considered potentially hazardous and are not allowed as cottage food.
Can I sell freeze-dried candy?
Freeze-dried candy (like freeze-dried Skittles or taffy) is a fast-growing cottage food trend. Since the freeze-drying process removes moisture and produces a shelf-stable product, these items generally qualify. However, you are essentially repackaging commercial products, so make sure your labels are accurate and include proper allergen declarations.
When in doubt: Use our free Can I Sell This? tool to check a specific product, or contact FDACS directly at (850) 245-5520 for an official answer.
12. Frequently Asked Questions
What foods can I sell under the Florida cottage food law?
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Florida cottage food law allows the sale of non-potentially-hazardous foods that do not require refrigeration. This includes baked goods (breads, cookies, cakes without cream/custard), candies, fudge, jams, jellies, honey, dried fruit, granola, trail mix, dried pasta, nut butters, popcorn, coated nuts, dry herbs and spices, and vinegar. The key rule is that the food must be safe at room temperature.
Can I sell cake pops under the Florida cottage food law?
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Yes, cake pops are generally allowed as long as they do not contain cream cheese frosting, custard, or other fillings that require refrigeration. Cake pops made with standard buttercream or candy melts and stored at room temperature are considered non-potentially-hazardous.
Can I sell dog treats as cottage food in Florida?
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Non-meat dog treats made from ingredients like flour, peanut butter, oats, and similar shelf-stable ingredients are generally allowed. However, pet treats containing meat, poultry, fish, or animal by-products are not covered by the cottage food exemption and would require a separate license.
Can I sell hot sauce under the Florida cottage food law?
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Hot sauce is a gray area. Vinegar-based hot sauces with a sufficiently low pH (below 4.6) may qualify as non-potentially-hazardous. However, many hot sauces contain fresh ingredients that could be considered potentially hazardous. It is strongly recommended to have your recipe tested for pH and water activity, and to contact FDACS for guidance before selling hot sauce as cottage food.
Why is pumpkin butter not allowed as cottage food in Florida?
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Pumpkin butter is classified as a potentially hazardous food because pureed pumpkin has a high moisture content and near-neutral pH that supports bacterial growth, including Clostridium botulinum. Unlike fruit butters made from high-acid fruits (like apple butter), pumpkin is a low-acid vegetable that requires refrigeration or commercial canning processes to be safe.
Can I sell sourdough bread as cottage food in Florida?
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Yes, sourdough bread is allowed under the Florida cottage food law. All breads, including sourdough, are considered non-potentially-hazardous baked goods. The natural fermentation process used in sourdough baking does not change its classification.
Can I sell chocolate-covered strawberries as cottage food in Florida?
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No. Chocolate-covered strawberries are not allowed because fresh fruit is a potentially hazardous food that requires refrigeration. While chocolate-covered nuts and dried fruit are permitted, any product containing fresh fruit, fresh cream, or other perishable ingredients does not qualify as cottage food.
What is the difference between potentially hazardous and non-potentially-hazardous food?
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Non-potentially-hazardous foods (also called non-TCS foods) are foods that do not require time or temperature control for safety. They are naturally resistant to bacterial growth due to low moisture, low water activity, high sugar content, high acidity, or other factors. Examples include baked goods, candies, jams, and dried foods. Potentially hazardous foods require refrigeration or heating to prevent bacterial growth and include items like dairy, meat, eggs, and most fresh produce.
Can I sell CBD or hemp-infused foods as cottage food in Florida?
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No. CBD, hemp, and cannabis-infused food products are not allowed under the Florida cottage food law regardless of whether they would otherwise be shelf-stable. These products are subject to separate Florida regulations governing hemp extract and CBD products, and require proper licensing.
Do I need to test my cottage food products for safety?
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Florida Statute 500.80 does not require laboratory testing for cottage food products. However, if you are making products that fall in a gray area (like hot sauce, fermented foods, or acidified foods), pH and water activity testing is strongly recommended to confirm your product is non-potentially-hazardous. Testing typically costs $25-75 per sample at a food testing laboratory.
13. Tools & Next Steps
Ready to start your cottage food business?
Now that you know what you can sell, take the next step. Get listed in our directory, create compliant labels, or check if a specific product qualifies.
Related Resources
Florida Cottage Food Law Guide
Full breakdown of Statute 500.80 including sales limits, labeling, and where to sell.
Free Label Generator
Create compliant cottage food labels in minutes with our free tool.
Product Labeling Guide
Detailed guide on all 7 required label elements with examples.
Pricing Strategy Guide
How to price your cottage food products for profit.
Can I Sell This? Tool
Check if a specific food product is allowed under Florida cottage food law.
Browse Florida Cottage Food Makers
See what other makers are selling across Florida for inspiration.