Important Legal Disclaimer

This information is for educational purposes only and does not constitute legal advice. Florida cottage food laws and regulations may change. It is your responsibility to research current regulations, consult with appropriate legal and health authorities, and ensure your business meets all federal, state, and local laws, health codes, and safety requirements. Always verify information with the Florida Department of Agriculture and Consumer Services (FDACS) and other relevant agencies before making business decisions.

Florida Cottage Food Laws & Compliance

Complete guide to FDACS regulations and legal requirements

What is Cottage Food Law?

Florida's Cottage Food Law (Florida Statute 500.80) allows individuals to produce certain low-risk food products in their home kitchen and sell them directly to consumers without needing a commercial food license or kitchen inspection.

This law was created to help small-scale food entrepreneurs start and operate home-based food businesses with minimal regulatory burden, while still maintaining food safety standards.

Permitted Cottage Foods

You can produce and sell the following categories of foods under Florida's Cottage Food Law:

Baked Goods (non-TCS)

• Breads, rolls, biscuits
• Cookies, brownies, bars
• Cakes (without cream cheese frosting)
• Pastries (fruit-filled)
• Muffins and scones

Confections

• Candy and fudge
• Chocolate-covered items
• Caramel corn and popcorn
• Cotton candy
• Brittles and toffee

Fruit Products

• Jams and jellies
• Fruit butters
• Preserves
• Dried fruits

Other Items

• Granola and trail mix
• Dry baking mixes
• Honey (from your own hives)
• Roasted coffee beans
• Dry herbs and seasonings

Prohibited Foods (TCS Foods)

Time/Temperature Control for Safety (TCS) foods are NOT allowed under cottage food law. These foods require refrigeration and pose higher food safety risks:

• Cream cheese frostings
• Custards and puddings
• Cheesecakes
• Meats and poultry
• Canned vegetables
• Pickles and fermented foods
• Fresh-cut fruits or vegetables
• Dairy products (except shelf-stable)
• Eggs (for resale)
• Pumpkin pie or sweet potato pie
• Pet food or treats
• Any food requiring refrigeration

⚠️ Note: If you want to sell TCS foods, you'll need to rent a commercial kitchen or obtain proper licensing from FDACS.

Annual Sales Limit

$250,000 per year

This is the maximum gross sales revenue allowed under Florida's Cottage Food Law. If you exceed this limit, you must transition to a licensed commercial food operation.

Important: Track your sales carefully. Once you approach $200,000, start planning your transition to a commercial license.

Where You Can Sell

✅ Allowed Sales Locations

• Farmers markets - Most popular venue for cottage food sales
• From your home - Direct sales to customers who come to you
• Online/phone orders - For customer pickup or delivery within Florida
• Delivery within Florida - You can deliver directly to customers in-state
• Roadside stands - On your property or with permission
• Special events - Fairs, festivals, and community gatherings

❌ Prohibited Sales Locations

• Retail stores or grocery stores
• Restaurants or cafes
• Online marketplaces with shipping (Amazon, Etsy, etc.)
• Wholesale to businesses for resale

Note: You must sell directly to the end consumer. Third-party sales or consignment arrangements are not permitted.

Labeling Requirements

Every cottage food product must have a label with the following information:

Required Label Information:

1. Product name - Common or usual name of the food
2. Ingredient list - In descending order by weight
3. Allergen warnings - If contains milk, eggs, wheat, soy, peanuts, tree nuts, fish, or shellfish
4. Net weight or quantity - In both imperial and metric units
5. Your name and address - Where the product was made
6. Required cottage food statement - See below

📋 Required Statement (Must Appear on Every Label):

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

→ Read our complete Product Labeling Guide

Do You Need to Register?

Good news! Florida does NOT require cottage food operators to register with FDACS or obtain a special license.

However, you should still:

• Check local zoning laws and homeowner association rules
• Consider business liability insurance
• Register your business name with the state if using a DBA
• Obtain any required local business tax receipts
• Keep records of all sales for tax purposes

Health & Safety Best Practices

Kitchen Cleanliness

• Keep your kitchen clean and sanitized
• Wash hands frequently
• Use clean utensils and equipment
• Keep pets away from food prep areas

Food Safety

• Use fresh, quality ingredients
• Store foods at proper temperatures
• Follow tested recipes for jams/jellies
• Don't prepare food if you're ill

Packaging

• Use food-grade containers
• Package foods to prevent contamination
• Seal packages properly
• Store packaged products appropriately

Record Keeping

• Track all sales and revenue
• Keep copies of labels
• Document product batches
• Maintain customer contact info

Common Violations to Avoid

Selling TCS foods (foods requiring refrigeration)

Stick to shelf-stable, non-refrigerated items only

Missing or incorrect labels

Ensure every product has all required label information

Selling through retail stores or restaurants

Direct-to-consumer sales only

Exceeding $250,000 annual sales limit

Track sales carefully and plan ahead for licensing

Interstate shipping or out-of-state sales

You can deliver within Florida, but cannot ship out-of-state via mail or commercial carriers

Official Resources

FDACS Cottage Food Operations Page

Official information from Florida Department of Agriculture

Florida Statute 500.80

The actual cottage food law text

Next Steps

Now that you understand the legal requirements, here's what to do next: