Florida Cottage Food Law · 2026
Can you sell homemade tortillas in Florida?
YES — Allowed
Yes. Flour and corn tortillas are shelf-stable baked/griddled goods — allowed under Florida's cottage food law.
Why yes?
Tortillas are treated like breads: non-potentially-hazardous and fully allowed. Fresh homemade tortillas are a strong niche product with loyal repeat customers, especially at farmers markets.
What you cannot do is sell filled products made with them — tacos, burritos, and quesadillas contain meat, cheese, or other perishables and are not cottage foods.
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 tortillas legally
- 1Sell by the dozen in sealed bags with a "best by" date
- 2Lard-based and vegetable-oil recipes are both fine — list ingredients by weight
- 3Pair with your own dry taco seasoning blend for a legal "taco night kit"
- 4Keep them thin: pun intended, margins on tortillas are volume-driven
Storage & refrigeration
Tortillas 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 tortillas at room temperature and it stays compliant.
How to label tortillas
Every package of tortillas you sell needs a compliant label with all 6 required elements:
- 1Your cottage food business name and address
- 2The product name
- 3Ingredients, listed in descending order by weight
- 4Net weight or quantity
- 5Allergen declaration (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish)
- 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 tortillas in Florida
Cottage food is sold direct to the customer, within Florida. For tortillas, 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
Pricing tortillas 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 calculatorCommon 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 tortillas 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
Can I sell taco kits with my tortillas?
+
Only the shelf-stable parts. Tortillas plus a dry seasoning packet is legal; adding cooked meat, cheese, or salsa is not.
Do tortillas need refrigeration?
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Homemade tortillas are shelf-stable for several days. Label a reasonable "best by" date; customers can refrigerate at home to extend freshness.
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.