Cottage food rules
Florida Cottage Food Law: What Home Bakers Can Sell
A plain look at what Florida allows, what it does not, and when to check before you sell.
On this page
What to remember
- You do not need a food permit from FDACS for allowed cottage foods.
- You still have to comply with chapter 500.
- A local law cannot ban your cottage food operation or regulate how you prepare, store, or sell the food.
- You can deliver in person, to a specific event venue, or by USPS or commercial mail.
- The yearly sales limit is $250,000.
If you bake at home in Florida and sell to neighbors, this is the rule set that decides what you can make and how you can hand it over. Start with the state rules, then look at your own bakes. The Florida cottage food guide walks through the basics in plain language.
What Florida allows you to sell
Florida law allows individuals to use their unlicensed home kitchens to produce for sale certain foods that present a low risk of foodborne illness. The allowed list includes loaf breads, rolls, biscuits, cakes, and pastries. That is the list to work from when you plan a menu for your home shop. If a bake is not on the allowed list, do not treat it as covered just because it is baked at home.
Do you need a permit
Cottage food operators can produce and sell these products directly to consumers without obtaining a food permit from the Florida Department of Agriculture and Consumer Services. A cottage food operation must still comply with the applicable requirements of chapter 500, but it is exempt from the permitting requirements of section 500.12. That is the line to hold in your head: no FDACS food permit for allowed cottage foods, but not a free pass on chapter 500.
Local rules and delivery
A local law, ordinance, or regulation may not prohibit a cottage food operation or regulate the preparation, processing, storage, or sale of cottage food products by a cottage food operation. Cottage food products may be delivered in person directly to the consumer, to a specific event venue, or by United States Postal Service or commercial mail delivery service. If you sell at a market or hand off a cake at a venue, those delivery paths are part of the state rule.
Florida Statute 500.80 sets a $250,000 annual sales limit for cottage food operations. Keep that number in view as you plan a year of orders. If you sell in another state or want to compare rules, use how to check your state’s cottage food laws before you take a deposit.
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What to check before you sell
Use the state list as your first filter. Then check the sales limit and the delivery path you plan to use. If you are unsure about a bake, do not guess. Keep the Florida guide and the state law check handy when you plan a new item, quote a large order, or change how you hand off your bakes to a customer.
Common questions
Do I need a Florida food permit to sell cakes from home?
Cottage food operators can produce and sell cottage food products directly to consumers without obtaining a food permit from the Florida Department of Agriculture and Consumer Services. You still must comply with the applicable requirements of chapter 500.
What foods can I sell under Florida cottage food law?
The allowed foods include loaf breads, rolls, biscuits, cakes, and pastries. The law is for foods that present a low risk of foodborne illness.
Is there a sales limit for Florida cottage food operations?
Florida Statute 500.80 sets a $250,000 annual sales limit for cottage food operations.
Can I deliver my bakes to a customer?
Cottage food products may be delivered in person directly to the consumer, to a specific event venue, or by United States Postal Service or commercial mail delivery service.
Can my city ban cottage food sales?
A local law, ordinance, or regulation may not prohibit a cottage food operation or regulate the preparation, processing, storage, or sale of cottage food products by a cottage food operation.
Sources
General information, not legal advice. Rules can change. Check the Florida Department of Agriculture and Consumer Services and the current statute before you sell.