Cottage food rules
Does Florida Have Cottage Food Laws? What Home Bakers Should Know
A plain answer to whether Florida has cottage food laws, and what to check before you sell.
On this page
What to remember
- Florida has a cottage food law in Chapter 500, Section 80.
- Cottage food operators can sell directly to consumers without a FDACS food permit if they meet the conditions.
- There is no license or permit from FDACS, and no state government entity inspects cottage food operations.
- The law includes a $250,000 gross sales limit, labeling requirements, and rules on where products may be sold.
- Local laws cannot prohibit a cottage food operation or regulate its preparation, processing, storage, or sale.
If you bake at home and want to sell, the first question is often whether Florida has cottage food laws at all. It does. The law sits in Chapter 500, Section 80, and it is separate from the rules for a full food business. Our guide to what cottage food laws are explains the general idea, and this guide stays on Florida.
What Florida’s cottage food law allows
A cottage food operation must comply with the applicable requirements of Chapter 500. It is exempt from the permitting requirements of section 500.12 if it complies with the chapter’s conditions. The FDACS page adds that 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.
The law is not a free pass with no rules. Florida’s cottage food law under Statute 500.80 includes a $250,000 gross sales limit, labeling requirements, and rules on where products may be sold. Those are the details to read before you print labels, set prices, or agree to sell at a market.
No state license, permit, or inspection
Florida’s cottage food operations are exempt from the permitting requirements of section 500.12. They are not inspected by FDACS or any other state government entity, as long as they meet the conditions. That is why the state rules matter so much. The law removes the state permit step, but it still asks you to follow the chapter.
What your city or county can and cannot do
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. That is a strong limit on local rules. If you are in Palm Beach County, our guide to cottage food laws in Palm Beach County covers the local angle.
The state law also matters when you are choosing where to sell. The law includes rules on where products may be sold, so check the statute text for the exact wording before you choose a place to sell. Keep a copy of the law with your business records.
The numbers and labels to check
The $250,000 gross sales limit is the number to watch. The law also includes labeling requirements, so your packaging needs to meet them. And the law includes rules on where products may be sold, so the answer to whether you can sell in a particular place is not only about the food itself.
If you are also comparing a cottage food operation with a licensed home bakery, our guide to a Department of Agriculture home bakery license explains the difference in plain terms. For Florida cottage food sales, use the statute and the FDACS page as your source, not a social media post.
Brevl can help you keep your recipes, costs, orders, and payments together, but it does not replace the state law. Use the statute and the FDACS page as your source for what you can sell and how you must label it.
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Common questions
Do I need a Florida cottage food license or permit?
No. Cottage food operations require no license or permit from the Florida Department of Agriculture and Consumer Services and are not inspected by any state government entity, as long as they meet the conditions in the law.
Is there a sales limit for Florida cottage food operations?
Yes. The law includes a $250,000 gross sales limit. That is the figure to track as you take orders.
Can my city or county 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.
Do Florida cottage food products need labels?
Yes. The law includes labeling requirements. Check the statute text for the exact wording before you print labels.
Where can I sell Florida cottage food products?
The law includes rules on where products may be sold. Check the statute text for the exact places before you agree to sell at a market or other spot.
Does Florida inspect cottage food operations?
No. Cottage food operations are not inspected by FDACS or any other state government entity, as long as they meet the conditions.
Sources
- Florida Statutes Chapter 500, Section 80: Cottage food operations
- Florida Statute 500.80: Cottage food operations requirements
- Florida Statute 500.80: Local rules and cottage food operations
- FDACS: Cottage Foods
- FDACS cottage food guidance
- Cottage Food Law Library: Florida
- Florida cottage food law: sales limit, labeling, and sales rules
This is general information, not legal advice. Check the current Florida statute and the FDACS page for your situation.