Cottage food rules
Can I Sell Cheesecake From Home in Florida? $250K Cap (2026)
Know what Florida requires for cheesecake, what the $250,000 cap means, and how to cost a slice before you sell.
On this page
What to remember
- Florida puts cottage food rules in Statute § 500.80 and FDACS oversees them.
- The law caps gross annual sales for cottage food sellers.
- No state license is required for most homemade foods under the cottage food law.
- Cheesecake needs a direct yes from FDACS before you sell it.
- Cost ingredients, labor, and overhead before you set a price.
When you ask can i sell cheesecake from home in florida, the answer starts with the state rule, not with your oven. Florida has a cottage food law, and cheesecake needs its own check before you take one order. This guide shows the cap, the license question, and the cost math you need before you price a slice.
What Florida’s cottage food law says
Florida puts its cottage food rules in Florida Statute § 500.80. The Florida Department of Agriculture and Consumer Services oversees those rules, according to a 2026 guide from Cottage Food License. That law is the first place to check before you sell any baked good from your home kitchen.
The Cottage Food Law Library says Florida caps gross annual sales at $250,000 and requires no state license for most homemade foods under the cottage food law. Gross sales means the money you take in before ingredients, labor, and overhead come out. The cap is a sales limit, not a profit number.
Can you sell cheesecake under the cottage food law?
Florida’s cottage food law covers most homemade foods, but that does not automatically clear every recipe for sale. Cheesecake needs a direct answer from FDACS. Ask about your recipe and how you plan to sell it before you buy packaging or take a preorder.
What the $250,000 cap means for cheesecake sales
If cheesecake is allowed for you, the $250,000 cap applies to your gross sales. Keep a simple sales log so you know where you stand each month. When sales get close to the cap, ask FDACS about the next step before you cross it. Do not wait until the end of the year to check.
A notebook works. Write the date, the order, and the amount you took in. Add the column once a month. Keep receipts in the same folder so your cost check matches your sales log.
The cap is one part of the Florida rule. Read Florida cottage food law for the full picture and do you need a license to sell baked goods from home in Florida for the license question. If you also bake cake, can I sell cake from home in Florida walks through the same $250,000 cap.
A cost check before you price a cheesecake
Price from the whole cost of doing business, not from what another baker charges. Add the ingredients for the cheesecakes you plan to sell, the hours you worked at the rate you set for yourself, and your overhead. Overhead includes the $20 monthly Brevl fee if you use Brevl to take orders and get paid. Take that total from your sales. What is left is your margin.
For example, take one month of cheesecake sales under the $250,000 cap reported by the Cottage Food Law Library. List your ingredient receipts, your labor hours times your rate, and the $20 Brevl fee. Subtract all three from your sales. The number left is your margin. If it is too small, raise the price, cut the hours, or drop the cake that does not pay. The cap does not change that math because it is a gross sales limit.
Cost each size you sell on its own. A whole cheesecake uses more ingredients and packaging than a slice, so it needs its own price. If you sell both, do not use one price to cover the other. That hides the cake that is losing money.
Try the free bake pricing calculator
Free, no signup.
Mistakes that cost you money
The first mistake is treating the sales cap as spendable money. It is a gross sales limit, so ingredients, labor, and overhead still come out first. The second is assuming no state license means cheesecake is cleared. Get the FDACS answer before you bake for sale.
Another mistake is copying a bakery price without your own numbers. That price comes from that bakery’s costs, not yours. Your $20 Brevl fee is not their cost. Build your price from your receipts and your hours, then compare.
The third mistake is taking a large order before you know your cap position. Add the order to your year to date sales. If the total would cross the cap, stop and get guidance before you accept it. A written sales log makes that check fast.
What to do before you take a cheesecake order
Ask FDACS for a clear answer on your cheesecake. Then build your price from ingredients, labor, and overhead. If the numbers work, start with a small batch and keep every receipt and sales record. For the wider list of foods, read cottage food law: what can I sell.
Write down the answer you get and the date. That note goes with your sales log and your cost sheet. If your recipe or your sales plan changes, ask again before you sell the new version.
Common questions
Can I sell cheesecake from home in Florida without a state license?
Florida requires no state license for most homemade foods under its cottage food law, according to the Cottage Food Law Library. That does not confirm cheesecake. Ask the Florida Department of Agriculture and Consumer Services whether your cheesecake is allowed before you sell it.
Does the $250,000 cap include my costs?
No. The cap is on gross annual sales, according to the Cottage Food Law Library. Ingredients, labor, and overhead come out after that sales number. A $250,000 sales year is not a $250,000 profit year. Price each cheesecake so money is left after all three.
What should I ask FDACS about cheesecake?
Ask whether your cheesecake is allowed under Florida's cottage food law. Ask what conditions apply to your recipe and how you plan to sell it. Get the answer before you take orders. Keep the reply with your business records so you can show your decision was based on state guidance.
Can I price cheesecake from the $250,000 cap?
No. The cap is a sales limit, not a price guide. Build your price from ingredients, your labor, and overhead such as the $20 monthly Brevl fee. Then check that the price still sells. The cap only tells you when you must look at the next step for your business.
Sources
General information, not legal or tax advice. Confirm your cheesecake and your sales plan with the Florida Department of Agriculture and Consumer Services.