Florida cottage food law
Florida lets unlicensed home kitchens sell low-risk foods directly to consumers, up to $250,000 a year. Orders can be taken online or delivered by mail, but not sold wholesale.
Checked against the law
The rules at a glance
Cottage food operation
Unattended honesty stand?
Not addressedThe law doesn't address unattended, self-serve or honor-system stands.
Sign up with the state?
NoNo food permit. The exemption covers sales within the limit.
Source
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
Florida Department of Agriculture and Consumer Services: Cottage FoodsA cottage food operation must comply with the applicable requirements of this chapter but is exempt from the permitting requirements of s. 500.12
Florida Statutes s. 500.80, Cottage food operations
Food safety class?
Not addressedThe cottage food law doesn't mention a food safety class.
Kitchen inspection?
SometimesNo routine checks. FDACS can inspect after a complaint.
Source
Only upon receipt of a complaint, the department's authorized officer or employee may enter and inspect the premises of a cottage food operation
Florida Statutes s. 500.80, Cottage food operations
Yearly sales limit
$250,000 a yearGross sales, not profit, from all locations.
Source
has annual gross sales of cottage food products that do not exceed $250,000
Florida Statutes s. 500.80, Cottage food operations
Foods that need a fridge?
NoOnly shelf-stable foods. Nothing that needs time or temperature control.
Source
"Cottage food product" means food that is not time or temperature controlled for safety or a potentially hazardous food as defined by department rule
Florida Statutes s. 500.03, Definitions
Take orders online?
YesThrough your website or by mail order.
Source
A cottage food operation may sell, offer for sale, and accept payment for cottage food products over the Internet or by mail order
Florida Statutes s. 500.80, Cottage food operationsCottage food operators may sell cottage food products on their website, by mail order, and direct to consumer (in person)
Florida Department of Agriculture and Consumer Services: Cottage Foods
Ship or mail orders?
YesBy USPS or a commercial delivery service.
Source
Such 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
Florida Statutes s. 500.80, Cottage food operations
Sell through shops?
NoDirect to consumers only. No wholesale sales.
Source
A cottage food operation may not sell, offer for sale, or deliver cottage food products at wholesale
Florida Statutes s. 500.80, Cottage food operationsCottage food products cannot be sold wholesale
Florida Department of Agriculture and Consumer Services: Cottage Foods
What goes on the label
Required wording
Made in a cottage food operation that is not subject to Florida's food safety regulations.
At least 10-point type, with clear contrast.
Source
Made in a cottage food operation that is not subject to Florida's food safety regulations.
Florida Statutes s. 500.80, Cottage food operations
The label also shows
- The name and address of the operation
- The name of the food
- Ingredients, heaviest first
- Net weight or volume
- Allergen information required by federal law
- Nutrition information, if you make a nutrition claim
Source
The name and address of the cottage food operation
Florida Statutes s. 500.80, Cottage food operationsThe name of the cottage food product
Florida Statutes s. 500.80, Cottage food operationsThe ingredients of the cottage food product, in descending order of predominance by weight
Florida Statutes s. 500.80, Cottage food operationsThe net weight or net volume of the cottage food product
Florida Statutes s. 500.80, Cottage food operationsAllergen information as specified by federal labeling requirements
Florida Statutes s. 500.80, Cottage food operationsIf any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements
Florida Statutes s. 500.80, Cottage food operations
Before your first sale
This is general information, not legal advice. Check with the Florida Department of Agriculture and Consumer Services (FDACS) before you sell, and again if you add a new food or a new way of selling.
We check these sources every month and update this page when they change.
