Florida Cottage Food Law · 2026
Can you sell chocolate-covered strawberries in Florida?
NO — Not Allowed
No. The fresh strawberry inside is perishable, making the whole product potentially hazardous — one of the most commonly mistaken "cottage foods."
Why no?
Chocolate itself is an allowed confection — but dipping fresh fruit creates a product with a perishable core that molds and spoils within days and technically requires refrigeration. FDACS treats fresh-fruit-dipped items as not allowed.
This one hurts because demand is huge (Valentine's Day especially) and social media is full of sellers doing it anyway — often unknowingly outside the law.
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 that scratch the same itch
- 1Chocolate-dipped DRIED or freeze-dried strawberries — fully legal and trending
- 2Chocolate-covered pretzels, cookies, marshmallows, and candied nuts — all allowed
- 3Strawberry-flavored bark and ruby-chocolate treats for the Valentine market
- 4Commercial kitchens rent by the day around Valentine's — some makers go legal for the one big week
Storage & refrigeration
Chocolate-Covered Strawberries isn't cottage-eligible because it needs refrigeration or special processing to be safe — it's a “potentially hazardous” food. Selling chocolate-covered strawberries from home would require a licensed, inspected facility, not the cottage food exemption.
Common mistakes to avoid
- Assuming that because chocolate-covered strawberries 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 if customers pick them up within hours of dipping?
+
Speed doesn't change the classification — fresh-fruit products are perishable and outside cottage food law regardless of turnaround time.
Are chocolate-dipped freeze-dried strawberries really allowed?
+
Yes — freeze-dried fruit is shelf-stable, so dipping it in chocolate produces an allowed confection. It's the legal version of the same product.
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.