Florida Cottage Food Laws & Compliance
Your complete guide to FDACS regulations, permitted foods, the $250K sales limit, labeling rules, and where you can legally sell.
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.
FDACS & Florida Cottage Food: Key Facts
Updated July 2026- FDACS registration: Not required for cottage food operations
- License or permit: None needed under Florida Statute 500.80
- Annual sales cap: $250,000 gross per year
- Allowed: Breads, cookies, cakes, jams, jellies, granola, dry herbs & mixes
- Not allowed: Foods needing refrigeration (cheesecakes, cream pies, meat, dairy)
- Where to sell: Direct to consumers in Florida — home pickup, farmers markets, events, online within FL
Compliance starts with the law
Florida's Cottage Food Law (Florida Statute 500.80) lets you make certain low-risk foods in your home kitchen and sell them directly to consumers — no commercial license or inspection required. For the full breakdown of what's allowed and the $250,000 sales limit, see our complete Florida Cottage Food Law guide.
This page focuses on the next step: staying compliant — the exact labels, registration, and rules you need to follow so you never run into a fine.
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.
FDACS details most makers miss
Straight from the FDACS Cottage Food Operations guidance — the rules that most often trip people up:
You must deliver it yourself
Cottage food must be delivered directly to the consumer (or to the consumer's private event venue) by you, the operator — or shipped by mail order within Florida. A third-party courier or pickup service may not distribute your products.
A farmers market can still require a license
Even though the state cannot require a cottage food license, individual farmers markets, fairs, and event organizers may require vendors to carry a food establishment license or insurance. Those are private/local policies outside the cottage food law — always check the market's rules before you book.
Free samples must be pre-packaged at home
You can hand out free samples, but they must be individually packaged in your home kitchen — you cannot cut or portion a product at the market. Keep a properly labeled full package on display so customers can read the ingredients.
It must be your home — and only your home
Cottage food can only be made and stored in your single-family residence. You cannot operate from a rented kitchen, motor home, shed, garage, or a retail space you lease. Nonprofits do not qualify because they have no single-family residence.
Sell separately, and label cakes on the invoice
Cottage food products must be sold separately from any regulated/permitted food business. For wedding or specialty cakes that can't hold a label, put all required label information on the invoice and deliver it with the cake (or on the box if boxed).
Source: FDACS Cottage Food Operations guidance (FDACS-P-02072). Always verify your specifics with FDACS: 1-800-HELP-FLA · FoodSafety@FDACS.gov.
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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."
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
Compliance-Friendly Supplies
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Next Steps
Now that you understand the legal requirements, here's what to do next:
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