Current Law Details
One of the most permissive cottage food laws nationally. $250,000 annual sales cap (one of highest in nation). No license, training, or inspections required. Allows online sales and interstate shipping. State preemption prevents local restrictions. Direct-to-consumer sales only (no wholesale). Residential kitchen only with one stove/oven limit.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"Made in a cottage food operation that is not subject to Florida's food safety regulations."
Additional Label Elements
- ✓Name and physical address of cottage food operation
- ✓Product name
- ✓Ingredients list (descending order by weight)
- ✓Net weight or net volume
- ✓Allergen information (per federal labeling requirements)
Allowed Sales Venues
Direct-to-consumer sales only. Allowed: residence, farmers markets, flea markets, roadside stands (only if no other permitted food items present), special events/venues, direct delivery, online sales/mail order. Prohibited: wholesale to retailers, grocery stores, restaurants, coffee shops, any third-party reseller, consignment sales, commercial food establishments. Cannot mix cottage foods with non-cottage food items requiring permits.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Allowed
Interstate shipping allowed via USPS, UPS, FedEx, and other commercial carriers. Can ship across state lines. Can deliver to specific event venues. Exceptionally permissive - most states restrict or prohibit interstate shipping.
Allowed Foods
Low-risk, non-potentially hazardous foods only. Allowed: breads, rolls, biscuits, cakes, pastries, cookies (no refrigeration), fruit pies, candies/confections, popcorn, jams/jellies/preserves (acid fruits only), honey, nut butters, dried fruits, dry herbs/seasonings, homemade pasta, cereals, trail mixes, granola, nuts, vinegar. Prohibited: buttercream frosting, cream cheese frostings, dairy products, cheese, salsas, barbecue sauces, hot sauces, chutneys, high-moisture condiments, products requiring refrigeration, cream fillings, meat/seafood, fresh produce.
Recent Legislative Updates
CS/HB 663 - Home Sweet Home Act
Effective: July 1, 2021
Increased sales cap from $50,000 to $250,000, legalized mail delivery and interstate shipping, allowed business partners/multiple persons in operation, established state preemption over local regulations
Important Warnings & Notes
- ⚠️Must verify compliance with $250,000 annual gross sales cap - FDACS can request written documentation at any time
- ⚠️Exceeding $250,000 cap voids cottage food exemption and requires commercial permitting
- ⚠️One stove/oven limitation strictly enforced - may only have ONE stove OR one oven (exception: one double oven for residential use)
- ⚠️No commercial-grade equipment allowed - must use standard residential appliances
- ⚠️Production must occur in primary residence only - not secondary homes or commercial kitchens
- ⚠️Cannot sell wholesale - no sales to retailers, grocery stores, restaurants, or any third-party resellers
- ⚠️Cannot mix cottage food sales with other food items requiring permits at same venue
- ⚠️Products must be prepackaged - cannot sell loose/unpackaged items
- ⚠️Products must be stored on cottage food operation premises only
- ⚠️Acid fruits limitation for jams/jellies - only high-acid fruits allowed
- ⚠️FDACS may inspect upon receipt of complaint - refusal to permit inspection is grounds for disciplinary action
- ⚠️Not exempt from state/federal taxes - must comply with sales tax, income tax, and business registration requirements
- ⚠️Local governments may still regulate traffic, parking, noise, signage, and hours (general home business concerns)
- ⚠️Individual venues (farmers markets, festivals) may impose additional requirements beyond state law
- ⚠️Boiled peanuts and sorghum syrup operate under separate exemption outside cottage food law
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •Florida Statute 500.80 - Cottage Food Operations
- •Florida Department of Agriculture and Consumer Services (FDACS)
- •University of Florida IFAS Extension Publication FS425
- •Institute for Justice - Selling Homemade Food in Florida
- •Forrager.com - Florida Cottage Food Law
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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