Florida Cottage Food Legal Requirements Checklist

My products are non-perishable

Do not require refrigeration for safety (baked goods, jams, granola, honey, etc.)

No potentially hazardous foods

Not selling: cheesecakes, cream pies, fresh pasta, meat products, milk-based items, canned goods requiring pressure canning

Prepared in my home kitchen

All food prepared in my residential kitchen (not a separate commercial space)

Product name on label

Example: "Chocolate Chip Cookies" or "Strawberry Jam"

My name and physical address

Your full name and home address (PO Box not allowed)

Complete ingredient list

Listed in descending order by weight. Example: "Ingredients: Flour, sugar, butter, eggs, chocolate chips, vanilla, baking soda, salt"

Allergen warnings

If contains: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, or soybeans. Example: "Contains: Milk, Eggs, Wheat"

Required statement included

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

Staying under $250,000/year gross sales

Total annual revenue from cottage food sales must not exceed $250,000

Selling direct-to-consumer only

Farmers markets, home pickup/delivery, community events, direct online sales to individuals

NOT selling to restaurants or retailers

Cannot wholesale to coffee shops, grocery stores, restaurants, or other businesses

Selling only within Florida

Cannot ship across state lines. All sales must be in Florida to Florida residents.

Clean work surfaces and equipment

Sanitize counters, cutting boards, mixers, and baking pans before each use

Proper hand washing

Wash hands with soap for 20 seconds before handling food and after touching hair, face, phone, etc.

Proper storage

Store ingredients properly, check expiration dates, keep raw and cooked foods separate

No pets in kitchen during production

Keep pets out of the kitchen while preparing cottage food products

Proper packaging

Use food-safe packaging materials, seal products to prevent contamination

Register for EIN (if needed)

Free from IRS. Required if you have employees or form an LLC. Optional for sole proprietors but recommended.

Check local business tax requirements

Some cities/counties require a local business tax receipt ($25-100/year). Check with your city hall.

Plan to report income

Track all income and expenses. Report on Schedule C with your annual tax return.

Informed homeowners insurance

Let your insurance company know you're running a business from home. May need rider or separate policy.

Consider liability insurance (optional)

Product liability insurance ($300-600/year) protects against potential lawsuits. Not required but recommended.