Cottage food laws/Florida
Very permissive

Florida cottage food laws

One of the most permissive cottage food programs in the country, with a $250,000 sales cap.

Florida governs cottage food under Statute 500.80. As of recent expansions, cottage food operators can earn up to $250,000 a year in gross sales without a state permit, license, or routine inspection. Sales must be direct to the consumer in Florida, with online ordering and mail delivery allowed within the state.

Last verified May 2, 2026•Florida Cottage Food Operation (Florida Statute 500.80)
At a glance

Florida cottage food, quick facts.

📋
Permit
Not required
💰
Sales cap
$250,000 gross/year
🌐
Online sales
Allowed (orders and payment online, delivery in Florida)
📦
Shipping in-state
Allowed by USPS or commercial carrier
✈️
Shipping out-of-state
Not allowed under cottage food law
🎓
Training
Not required by state
🏠
Inspection
Not required
How it works

How the Florida cottage food law actually works.

Florida's cottage food program is one of the most expansive in the country. Under Florida Statute 500.80, an operator can produce non-potentially hazardous (non-TCS) foods in a private home kitchen and sell them directly to consumers without a state food permit, without a routine inspection, and without registering with the Florida Department of Agriculture and Consumer Services (FDACS).

The annual gross sales cap was lifted dramatically over the last several years. The original 2011 law set the cap at $15,000. It was raised to $50,000, then $250,000, where it sits today. The figure is gross revenue, not net profit, and it applies to total cottage food sales across all of your products.

Operators may sell in person at home, by delivery, at farmers markets, fairs, festivals, and roadside stands. They can also take orders online and by phone, and they can ship within Florida by USPS or commercial carrier. What they cannot do is sell wholesale, sell on consignment to a retailer, or ship cottage food across state lines. Sales must remain direct to the end consumer in Florida.

The state has preempted local food regulation of cottage operations. Cities and counties cannot require cottage operators to obtain a separate local food permit, although general business taxes, signage rules, and home-occupation zoning still apply.

What you can sell

Allowed and prohibited foods.

✓Allowed
  • Loaf breads, rolls, biscuits, tortillas
  • Cookies, brownies, biscotti, bars
  • Cakes and cupcakes without cream or cream cheese frosting
  • Fruit pies and fruit empanadas (high-acid fruit only)
  • Candies, fudge, brittle, toffee, chocolates
  • Jams, jellies, preserves, fruit butters
  • Honey and honeycomb
  • Roasted coffee beans, dried tea blends
  • Granola, trail mixes, popcorn, dry cereals
  • Dry baking and seasoning mixes
  • Dehydrated fruits, vegetables, and herbs
  • Roasted or candied nuts
  • Vinegars and mustards (shelf-stable)
✕Prohibited
  • Cheesecakes, cream pies, custard pies, meringue pies
  • Cream cheese frosting, whipped cream, and any TCS frosting
  • Refrigeration-required cakes (tres leches, mousse cakes)
  • Meat, poultry, and fish products
  • Pickles, salsas, and any acidified or low-acid canned foods
  • Fresh juices, kombucha, and other beverages requiring refrigeration
  • Cut melons or fresh-cut produce
  • Dairy products other than what is baked into shelf-stable goods

Florida defines cottage foods as foods that are not time and temperature controlled for safety. If a product needs refrigeration to stay safe, it is not eligible. Acidified products like pickles are excluded entirely.

Where you can sell

Sales channels for Florida cottage bakers.

🤝
In-person / pickup
Allowed. Pickup at home, delivery to events, farmers markets, fairs, festivals, roadside stands.
🌐
Online sales
Allowed. Take orders and accept payment over the internet or by mail order.
📦
Shipping in-state
Allowed by USPS or commercial carrier, anywhere in Florida.
✈️
Shipping out-of-state
Not allowed. Out-of-state shipping crosses into federal interstate commerce.
🥕
Farmers markets
Allowed without a separate state permit.
🏪
Retail stores
Not allowed. Wholesale and consignment to retailers are prohibited.
🍽️
Restaurants
Not allowed. Restaurants cannot resell cottage products.
  • Sales must be to the end consumer in Florida.
  • Products must be stored at the operator's primary residence, not in off-site storage.
  • Florida preempts local food regulation of cottage operators, so cities and counties cannot impose extra cottage food permits.
Labels

Label every product, exactly like this.

01
Name of the cottage food operation
Your business name or legal name.
02
Address of the operation
Home address where the food is produced.
03
Product name
For example, "Chocolate Chip Cookies" or "Strawberry Jam".
04
Ingredients in descending order by weight
Include sub-ingredients of compound ingredients.
05
Net weight or net volume
Use US customary units; metric is optional.
06
Allergen statement per federal rules
Identify the major allergens: milk, egg, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame.
07
Required Florida cottage food disclaimer
Printed in at least 10-point type in a color that contrasts with the background.
Required disclaimer (copy verbatim)
Made in a cottage food operation that is not subject to Florida's food safety regulations.
  • Every product must be prepackaged and labeled before sale.
  • Labels must be in English. Additional languages are fine.
  • If a product carries a nutritional or health claim, federal nutrition labeling rules also apply.
Sales cap

How much can you earn under Florida cottage law?

Florida cottage operators may earn up to $250,000 per year in gross annual sales. The cap is total revenue, not net profit. If you cross the cap, you must transition to a permitted commercial food establishment under FDACS. Keep clean records of every sale so you can show compliance.

Training

Food safety training in Florida

Florida does not require cottage food operators to hold a food handler card or food safety certification. Training is encouraged but optional. UF/IFAS Extension and the Florida Restaurant and Lodging Association both offer affordable courses if you want one for your own confidence and customer trust.

Registration

Registration, permits, and inspections in Florida

There is no state registration. You do not file paperwork with FDACS to begin operating. You may still need a local business tax receipt (occupational license) from your county or city, and you may need to register with the Florida Department of Revenue if you sell taxable items. Cottage bakery items sold for off-premises consumption are usually tax-exempt as groceries, but candy and individual prepared servings can be taxable. Check the rules for your specific products.

Step-by-step

How to start a cottage bakery in Florida.

  1. 01
    Choose your shelf-stable menu
    Stick to non-TCS foods: loaf breads, cookies, non-cream cakes, candies, jams, granola, dry mixes, roasted coffee, and similar items. Skip anything that needs refrigeration or acidification.
    FDACS Cottage Foods page →
  2. 02
    Set up your business basics
    Pick a business name, file a DBA if needed, get a local business tax receipt from your county or city, and check zoning and HOA rules for home-based businesses.
  3. 03
    Build your label template
    Include the operation name, address, product name, ingredients by weight, net quantity, allergens, and the required cottage food disclaimer in at least 10-point contrasting type.
  4. 04
    Set up your storefront and order intake
    Cakery gives you a free bakery page at cakerybakeries.com/your-bakery. List flavors, prices, lead times, and pickup or delivery zones, and route every inquiry through one form.
    Create a free Cakery page →
  5. 05
    Decide on shipping and delivery
    Decide whether you will mail orders within Florida, deliver in person, or do pickup only. Out-of-state shipping is not allowed under cottage food law.
  6. 06
    Track gross sales toward the $250,000 cap
    Keep a clean ledger from day one. If you approach the cap, plan your transition to a permitted FDACS food establishment.
Worth knowing

A few things Florida bakers should know.

  • Cottage food law preempts local food rules, but it does not preempt local business taxes, signage, or zoning.
  • Out-of-state shipping is prohibited because it crosses into FDA jurisdiction over interstate commerce.
  • Wholesale and consignment to retailers, restaurants, and grocery stores are not allowed under cottage food law.
  • Products must be stored at your primary residence. You cannot use a separate warehouse or storage unit for cottage food inventory.
  • If you want to sell anything that needs refrigeration (cream cheese frostings, cheesecakes, custards), you must move into a permitted commercial kitchen.
Resources

Bookmark these for Florida baking.

Official agency resources

FDACS: Cottage Foods
The Florida Department of Agriculture and Consumer Services hub for cottage food rules, allowed foods, and labeling.
→
Florida Statute 500.80 (Cottage Food Operations)
The controlling statute. Defines the sales cap, permitted channels, labeling, and state preemption.
→
UF/IFAS: Cottage Food in Florida (FSHN20-55/FS425)
University of Florida Extension's plain-language cottage food explainer with allowed foods and labeling guidance.
→
FDACS: Food Establishments
Use this when you outgrow cottage food and want to move into a permitted commercial kitchen.
→

Statute and rules text

Florida Statute 500.80 (Cottage Food Operations)
→
Florida Chapter 500 (Florida Food Safety Act)
→

Helpful resources for bakers

Forrager: Florida cottage food guide
Plain-English Florida overview kept current by the Forrager team.
→
Institute for Justice: Selling Homemade Food in Florida
IJ's policy snapshot. Useful context for how Florida compares nationally.
→
Florida Cottage Food Operators (Facebook group)
Active community of Florida home bakers and cottage food sellers.
→
Cakery Pricing Guide for Cottage Bakers
How Cakery handles your storefront, orders, and customer leads.
→
Recent changes

Recent and upcoming changes in Florida.

  • July 1, 2024Florida raised the cottage food sales cap to $250,000 in gross annual sales, one of the highest caps in the country.
FAQ

Florida cottage food FAQ.

Do Florida cottage bakers need a permit or inspection?
No. As long as you stay under $250,000 in gross annual sales and follow the rules in Statute 500.80, you do not need a state permit, license, or inspection.
How much can a Florida cottage food operator earn?
Up to $250,000 per year in gross annual sales. Beyond that you must move to a permitted commercial kitchen and FDACS food establishment license.
Can I sell online and ship in Florida?
Yes. You can take orders and accept payment online, and you can ship within Florida by USPS or commercial carrier. You cannot ship to other states under cottage food law.
Can I sell to grocery stores or restaurants?
No. Cottage food sales must be direct to the end consumer. Wholesale, consignment, and resale through retailers are not allowed.
Can I make cream cheese frosting or cheesecakes?
No. Anything that needs refrigeration to stay safe is a TCS food and is not allowed under Florida's cottage food law. You would need a permitted commercial kitchen for those products.
Do I need to collect Florida sales tax?
It depends on the item. Most bakery goods sold for off-premises consumption are tax-exempt, but candy and some prepared individual servings are taxable. Confirm your specific products with the Florida Department of Revenue.
What is the exact required label disclaimer?
Made in a cottage food operation that is not subject to Florida's food safety regulations. The text must be at least 10-point type in a color that contrasts with the background.
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Last verified May 2, 2026. This page is a plain-English summary of Florida cottage food laws and is not legal advice. Cottage food rules change, and local health departments often add their own requirements. Always confirm the current rules with the Florida agency listed in the official resources above before you sell, ship, or label a product.