Cottage food rules
Home Bakery License in Florida: What the Rules Say
A plain look at the Florida rules that affect a home bakery, with the exact statute points to check.
On this page
What to remember
- The rule to start with is Florida Statutes section 500.80.
- A local law, ordinance, or regulation may not prohibit a cottage food operation.
- Local rules may not regulate the preparation, processing, storage, or sale of cottage food products by a cottage food operation.
- Internet sales and mail order sales are allowed, including accepting payment.
If you are trying to work out what applies to your home bakery, begin with the statute, not a rumor. The verified points here are narrow, and they matter: they set a floor for how local rules can treat your shop. Read them next to any county or city rule you have been given. For a closer look at how Florida’s cottage food law applies to a product with its own safety questions, see Florida cottage food law and hot sauce.
Start with section 500.80
Section 500.80 addresses local laws directly. A local law, ordinance, or regulation may not prohibit a cottage food operation. The same section says local rules may not regulate the preparation, processing, storage, or sale of cottage food products by a cottage food operation. That is the sentence to point to when a local rule sounds like it would stop your home bakery.
What local rules cannot do
The statute puts two limits on local rules. First, a local law, ordinance, or regulation may not prohibit a cottage food operation. Second, local rules may not regulate the preparation, processing, storage, or sale of cottage food products by a cottage food operation. Those limits are the reason to read the statute before you accept a local rule as final.
This does not mean you can ignore every local rule. It means the rule you are handed should be read next to section 500.80. If a local rule would stop your home bakery or control how you prepare, process, store, or sell cottage food products, the statute is the text to check.
Selling over the internet and by mail
The statute also covers how you sell. A cottage food operation may sell, offer for sale, and accept payment for cottage food products over the internet or by mail order. That means an online order page and a mailed order are both addressed in the law. If you are setting up payment, what to confirm before you take orders walks through the questions to ask before you accept your first order.
A shop that is yours to customize also helps you keep the business side clear. You can use your own photos, your colors, and your own web address, and Brevl sets it up with you. If you are comparing apps before you open, Home Bakery App: A Fair Roundup for Home Bakers looks at the options without the hype.
Keep your records and your wording straight
Keep a copy of section 500.80 where you can find it. Keep a copy of any local rule you are given, too. When you write your shop policy or answer a customer, use the statute’s words: cottage food operation, cottage food products, preparation, processing, storage, sale, internet, and mail order. Clear wording makes it easier to check your own setup later.
If you are still unsure what applies to your home bakery, take the statute and the local rule to the office that gave you the rule. Ask them to point to the part of the law they are relying on. That is a practical way to get a clear answer without guessing.
Common questions
Does Florida law stop a city or county from banning a cottage food operation?
Section 500.80 says 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.
Can I sell cottage food products over the internet in Florida?
Yes. The statute says a cottage food operation may sell, offer for sale, and accept payment for cottage food products over the internet or by mail order.
Can I accept payment online?
The statute includes accepting payment over the internet or by mail order among what a cottage food operation may do.
Does this guide cover every license or permit I need?
No. It covers the verified points from section 500.80 on local rules and on internet or mail order sales. Read the statute in full and any local rule that applies to you.
Where can I read the law?
Florida Statutes section 500.80. The source links are at the bottom of this guide.
Sources
General information, not legal or tax advice. Read Florida Statutes section 500.80 in full and any local rule that applies to you.