Florida Cottage Food Law · 2026
Can you sell cheesecake from home in Florida?
NO — Not Allowed
No. Cheesecake is a custard-style dessert that requires refrigeration — it is specifically the kind of food Florida's cottage food law excludes.
Why no?
Cheesecake is made of cream cheese and eggs — a textbook potentially hazardous food that must stay refrigerated. FDACS guidance explicitly calls out cheesecake as not allowed.
This catches many talented bakers by surprise because cheesecake sells so well. The demand is real; the home-kitchen path just isn't legal for this product.
Florida Cottage Food Law: Key Facts
Updated July 2026- Permit required: None — no license, permit, or FDACS registration for cottage foods
- Legal basis: Florida Statute 500.80
- Annual sales cap: $250,000 gross per year
- The rule: Only non-potentially-hazardous foods (safe at room temperature)
- Sales channel: Direct to consumers in Florida only — no wholesale
- Labels: 6 required elements, including the cottage food statement
Legal alternatives for cheesecake lovers
- 1Sell cheesecake-flavored legal products: cheesecake-flavor cookies, shelf-stable "cheesecake crumble" toppings, graham-based dessert bars (no cream cheese)
- 2Rent a commercial kitchen and get a food permit to sell true cheesecake legally
- 3Wholesale your recipe to a licensed bakery and collect a margin
- 4Build the brand now with legal products; add cheesecake when you go commercial
Storage & refrigeration
Cheesecake isn't cottage-eligible because it needs refrigeration or special processing to be safe — it's a “potentially hazardous” food. Selling cheesecake from home would require a licensed, inspected facility, not the cottage food exemption.
Common mistakes to avoid
- Assuming that because cheesecake can be shelf-stable, it's automatically allowed — it isn't
- Selling a refrigeration-required or specially-processed food without a licensed facility
- Relying on a booth or online store to hide a product that isn’t cottage-eligible
Not sure about a different product?
Check any food against Florida's rules in seconds with our free tool — then price it and label it with the rest of the toolkit.
Frequently asked questions
What about mini cheesecakes or cheesecake jars?
+
Size doesn't change the food safety math — all real cheesecake requires refrigeration and is not a cottage food.
Are "no-bake cheesecakes" allowed?
+
No — no-bake versions still contain cream cheese and require refrigeration. If anything, they're more perishable.
People also ask about
Official Florida sources
FDACS — Cottage Foods
Florida Dept. of Agriculture & Consumer Services — the official cottage food program.
Florida Statute 500.80
The cottage food law itself, on the Florida Legislature's official site.
This is general educational information, not legal advice. Cottage food rules change — always verify current requirements with FDACS before you sell.
Ready to start selling?
Get the step-by-step startup guide, free pricing tools, and a spot in Florida's cottage food directory.
Educational information, not legal advice. Verify current requirements with FDACS. Based on Florida Statute 500.80 as of 2026.