Florida Cottage Food Law · 2026

Can you sell fruit pies from home in Florida?

Fruit Pies — Florida cottage food

YES — Allowed

Yes — fruit-filled pies (apple, peach, berry) are allowed. Cream, custard, and pumpkin pies are NOT, because they require refrigeration.

Why yes?

Baked fruit pies with high-sugar fillings are shelf-stable and allowed under Florida's cottage food law. Apple, cherry, peach, blueberry, and similar fruit pies all qualify.

The dividing line is refrigeration: custard-based pies (pumpkin, key lime, cream pies, meringue-topped pies) are potentially hazardous and cannot be sold as cottage food — a common and costly mistake for new sellers.

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

How to sell pies legally

Storage & refrigeration

Fruit Pies qualifies because it's shelf-stable — safe at room temperature. Keep it that way: the moment you add a cream or custard filling, fresh dairy, or anything that needs refrigeration, it stops being a cottage food. Store and transport fruit pies at room temperature and it stays compliant.

How to label fruit pies

Every package of fruit pies you sell needs a compliant label with all 6 required elements:

  1. 1Your cottage food business name and address
  2. 2The product name
  3. 3Ingredients, listed in descending order by weight
  4. 4Net weight or quantity
  5. 5Allergen declaration (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish)
  6. 6The cottage food statement (exact wording, below)

“Made in a cottage food operation that is not subject to Florida's food safety regulations.”

This statement must appear word-for-word.

Where you can sell fruit pies in Florida

Cottage food is sold direct to the customer, within Florida. For fruit pies, that means:

✅ Allowed

  • Farmers markets, fairs & events
  • Home pickup and local delivery
  • Online, phone & mail order — delivered in Florida

🚫 Not allowed

  • Wholesale to stores/restaurants for resale
  • Selling or shipping outside Florida
  • More than $250,000 in gross sales per year
Find Florida farmers markets

Pricing fruit pies for profit

Add up your cost per unit (ingredients + packaging), multiply by 3–4× to cover your time and overhead, then sanity-check against what similar makers charge locally. Undercharging is the single most common mistake — your time is a real cost, not a freebie.

Free recipe cost calculator

Common mistakes to avoid

  • Underpricing — not counting your time, packaging, and market fees
  • Missing a required label element, especially the exact cottage food statement
  • Adding a filling or frosting that needs refrigeration, which quietly turns compliant fruit pies non-compliant
  • Selling across state lines or wholesale to a shop for resale
  • Losing track of the $250,000/year gross sales cap

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

Why is pumpkin pie not allowed?

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Pumpkin pie is a custard pie — its egg-and-milk filling requires refrigeration, which makes it potentially hazardous and outside the cottage food law.

Is key lime pie really banned? This is Florida!

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Ironically, yes — traditional key lime pie has a custard filling that needs refrigeration. Sell key lime shortbread cookies or key lime jam instead to scratch the same itch legally.

People also ask about

Official Florida sources

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.

Florida Cottage Foods provides general educational information and directory listings only. We are not a law firm, government agency, or food safety authority. Makers are responsible for verifying current rules with FDACS and applicable local and state requirements.

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