Florida Cottage Food Laws and Regulations: How to sell your homemade foods in Florida

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Florida Cottage Food Laws and Regulations: How to sell your homemade foods in Florida

Florida Cottage Food Laws, Regulations and Facts

Date of the enactment of the Florida cottage food law: June 2011. amended in May 2017 effective July 1, 2017. New rules went into effect On July 1, 2021, under the HB-663 "Home Sweet Home Act".

Changes in 2021:

• Home businesses can now make gross sales of up to $250,000.
• Home-based food businesses are now under state regulation and exempted from some food and building permit requirements.
• Local governments may not prohibit cottage food operations or regulate cottage food products by cottage food operations.
• Internet sales, in-person delivery, sale at venues (such as farmers markets) or by mail are now all allowed.
• But cottage food operations are not allowed to sell wholesale.
  

Which foods are subject to the Florida Cottage Food law?

• Loaf breads, rolls, biscuits Cakes, pastries and cookies
• Candies and confections
• Honey
• Jams, jellies and preserves
• Fruit pies
• Dried fruits
• Dry herbs, seasonings and mixtures
• Homemade pasta
• Cereals, trail mixes and granola
• Coated or uncoated nuts
• Vinegar and flavored vinegars
• Popcorn, popcorn balls
• You may roast and sell coffee beans
• If you want to sell honey from your hives, see this page.

Prohibited foods

• Salsa, barbecue sauces, ketchups and/or mustards
• Canned fruits and vegetables, chutneys, vegetable butters and jellies
• Flavored oils, hummus, garlic dip and salsas
• Fish or shell products
• Canned pickled products such as corn relish, pickles, sauerkraut
• Raw seed sprouts
• Bakery goods which require any type of refrigeration such as cream, custard or meringue pies and cakes or pastries with cream cheese icings or filllings
• Eggs, milk and dairy products including hard, soft and cottage cheeses and yogurt
• Cut fresh fruits and/or vegetables.
• Juices made from fresh fruits or vegetables , like apple cider
• Ice and/or ice products
• Fresh or dried meat, or meat products including jerky
• Focaccia-style breads with vegetables and/or cheeses
• Any food that requires pressure canning (also called retort canning)
• Any processing of acidified foods (like pickles)
• CBD or hemp items

 

This page of Florida cottage food FAQs may also help with questions.

If your food product does not meet the definition of a Cottage Food:

Don't give up. You may still be able to make and sell it commercially, through a startup approach.

First, you may be able to rent space in a local licensed commercial kitchen.

Second, if that doesn't work, you may be able to get a co-packer to make the food for you.

See this page for detailed information about selling foods that do not meet the Cottage Food definition

Definitions:

• Cottage Food Operation means a person who produces or packages cottage food products at his or her residence and sells such products in accordance with Section 500.80, Florida Statutes.
• Cottage Food Product means food that is not a potentially hazardous food, as defined by FDACS rule, which is sold by a cottage food operation in accordance with Section 500.80, Florida Statutes.
• Residence is defined to mean a primary residence that is occupied by an individual who operates a cottage food operation and that contains a single kitchen with appliances designed for common residential usage. The residence may only contain one stove or oven, which may be a double oven designed for noncommercial use.
• Potentially Hazardous Food means a food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation; An animal food that is raw or heat-treated; a plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation.

Licensing

Cottage food operations require no license or permit from the Florida Department of Agriculture and Consumer Services (FDACS) and are not inspected by any state government entity. But... local governments can enact ordinances restricting a cottage food operation in a personal residence. Always check with the zoning agency in your City or County regarding their home business requirements.

Labeling requirements

Cottage food products must be labeled in accordance with the requirements of the Act.

See this page for the complete labeling requirements, a sample label, and a free label template that you can download for free and use

Where may Cottage Food Production Operations sell the food products?

You may sell your cottage food products from your residence directly to the consumer.

• Sales are also approved at farmers' markets, flea markets and roadside stands, provided you have no other food items in your space that require a food permit.
• Sell and deliver directly to consumers only: Cottage food products must be sold and delivered directly to the consumer or to the consumer's private event venue such as a wedding or birthday party.
• No wholesale sales: Sales of cottage food products are prohibited for wholesale.
• Only within Florida: Cottage food operators can sell cottage foods only within the state of Florida and not across state lines.
• Mail order: No Cottage food operators may advertise for sale, offer for sale and accept payment for cottage food products on their website but the products are prohibited to be delivered by mail order.
• Internet sales: Yes. The law allows orders and payments over the internet, however, the cottage food products must be delivered directly to the consumer or to the consumer's private event venue such as a wedding or birthday party.
• NOTE: A permitted food establishment cannot sell cottage foods since they are from an unapproved source. For example, you may not sell cottage foods to or at a restaurant.

Other requirements

• Gross sales for a cottage food operation must not exceed $250,000 annually.
• On-site well Only potable water from a properly constructed on-site well or municipal water system can be used
• Pet treats - pet treats are not considered cottage food?
• Non-Profits do not qualify: Nonprofits do not have a single family domestic residence, and therefore do not qualify as a cottage food business.
• Local cities, counties and even HOA's can enact more restrictive rules.  A cottage food operation must comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage and sale of cottage food products. For example, Miami-Dade requires that you obtain a business license.  Lee County requires that you obtain a Lee County Local Business Tax account. A cottage food operation must comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage and sale of cottage food products. Click here to view the Lee County tax application. To find a Lee County tax office location near you.
• Cottage foods must be properly packaged and labeled. Cottage food operators can serve free samples for tasting, but the samples must be prepackaged.
• No outside help is allowed: as a Cottage Food Operator in Florida hiring employees of any type, not temporary, full-time, part-time or volunteers. This means you must do all of the work yourself, and deliver it yourself.
• Samples: Cottage food operators can serve free samples for tasting, but the samples must be prepackaged.

Chronology / Updates

 The rules were updated, effective July 1, 2017 to make 2 modifications (which are already incorporated into the guidance above)::

1.  increasing the annual gross sales of cottage food products allowed under the law from $15,000 to $50,000, and
2. allowing the producer to sell, offer for sale, and accept payment over the Internet, IF the product is delivered in person directly to the consumer, or to a specific event venue.

Recommendations:

Beyond the requirements, common sense, good practices and reducing liability suggests you should do the following.

Training

Take the ServSafe® training classes for Manager and employees, the 7th Edition Book that accompanies this course should be purchased here.. 

Testing of pH

​It's best to use a pH meter, properly calibrated on the day used. I use this one, which is reliable and inexpensive. And this pH meter is really good, but isn't always available.
Short-range paper pH test strips, commonly known as litmus paper, may be used instead, if the product normally has a pH of 4.0 or lower and the paper's range includes a pH of 4.6.

Record-keeping is suggested

Keep a written record of every batch of product made for sale, including:

• ​Recipe, including procedures and ingredients
• Amount canned and sold
• Canning date
• Sale dates and locations
• Gross sales receipts
• Results of any pH test

Sanitation

Although inspections are not required, you should consider doing the following:

• ​Use clean equipment that has been effectively sanitized prior to use
• Clean work surfaces and then sanitize with bleach water before and after use
• Keep ingredients separate from other unprocessed foods
• Keep household pets out of the work area
• Keep walls and floors clean
• Have adequate lighting
• Keep window and door screens in good repair to keep insects out
• Wash hands frequently while working
• Consider annual testing of water if using a private well

Best Practices

• Allergens:  Most state home baking acts require an "ingredient statement" and/or an "allergen listing" on the label of the bakery item for sale; but if your state does not, you should anyway. The eight major food allergens are
  • milk,
  • eggs,
  • fish,
  • crustacean shellfish,
  • tree nuts,
  • peanuts,
  • wheat and
  • soybean.
• Cross-allergenicity: There are also ingredients available, even flours, that can cause a cross-allergenicity. The American Academy of Allergy Asthma & Immunology explains cross-allergenicity as an allergic reaction when proteins in one substance are similar to the proteins found in another substance. For example, consumption of lupine flour may trigger an allergic reaction to peanuts, and cricket flour may trigger an allergic reaction to shellfish. Again, providing such information might be a beneficial marketing tool and help keep potential consumers safe.
• The 2 Hour/4 Hour Rule -  Anyone wishing to make and sell refrigerated bakery items should remember to follow the "2 Hour/4 Hour Rule." This is a system that can be implemented when potentially hazardous foods are out of temperature control (temperatures greater than 45 degrees Fahrenheit) during preparation, serving or display for sale. The rule guidelines are as follows:
  • If a potentially hazardous food has been out of temperature control for 2 hours or less, then it may continue to be used or be placed back in the refrigerator.
  • If a potentially hazardous food has been out of temperature control for more than 2 hours but less than 4 hours, it needs to be used quickly or discarded.
  • If a potentially hazardous food has been out of temperature control for more than 4 hours, it must be discarded.

More resources:

• Florida Cottage Food Operations Guidelines, PDF, update 2020
• Florida Cottage food FAQs frequently asked questions
• Florida Department of Agriculture and Consumer Services, Division of Food Safety, Cottage Food Guide, February 2014
• Click here for more information about this state's cottage food requirements .
• Florida 2017 amended cottage food laws
• Florida Cottage Food Law Updates Facebook page
• Florida state and local health department contact information.
• Florida Retail Food Establishment permit application - only needed if you do not meet the cottage food establishment definition

Questions? Contact Information:

Contact the state at 850-245-5520 if you have questions.

Division of Food Safety 1 800 HELP-FLA