Cottage Food Laws by State
Florida Cottage Food Laws
Florida exempts home-based cottage food businesses from the state food permit, so you can sell without a commercial kitchen as long as yearly gross sales across every location stay at or below $250,000. The state agriculture department can investigate complaints and may inspect your premises only after receiving one. Taxes and home-business rules still apply.
Annual sales cap
$250,000
Permit
None
Training
Not required
Online sales
Allowed
Shipping
Allowed
Wholesale
Not allowed
Verified against official sources on 2026-10-21.
Where You Can Sell in Florida
You may take orders online or by mail and deliver in person, to an event venue, or through the postal service or a commercial carrier. Wholesale is not allowed. Everything must be prepackaged, labeled, and stored at your own premises. Cities and counties cannot ban or regulate your food operation, though home-based business conditions on parking, signage, and nuisances remain.
| Channel | Status |
|---|---|
| Events & festivals |
Conditions apply
Delivery to a specific event venue is allowed; only products stored on your premises may be sold. |
| Online orders |
Conditions apply
Internet and mail-order sales are allowed; the products must be prepackaged and labeled. |
| Wholesale | Not allowed |
What You Can Sell in Florida
The statute does not provide a list of approved foods. Instead, the product must not need time or temperature control to be safe and must not be a potentially hazardous food as the department defines it by rule. Each package needs a label with your name, address, ingredients, weight, allergens, and the required disclaimer in at least 10-point type.
Any food that is not time or temperature controlled for safety and is not potentially hazardous under department rule, sold prepackaged and labeled.
Not allowed
Limits and Requirements
Annual sales cap
$250,000
- Annual gross sales across all locations may not exceed $250,000
- Wholesale sales and delivery are prohibited
- Only prepackaged, labeled products may be sold
- Only products stored on the operation's premises may be sold
- Product must be made or packaged at the residence of the owner
- Must keep written sales documentation available for the department on request
- State and federal tax laws still apply
- Must meet the home-based business conditions in s. 559.955
- Does not apply to anyone who holds a s. 500.12 food permit
Local rules: State law preempts local regulation: cities and counties may not ban cottage food operations or regulate their preparation, processing, storage, or sale. Home-based business conditions in s. 559.955 still apply.
How to Start Selling in Florida
-
1
Confirm your product qualifies
Choose foods that are not time or temperature controlled for safety and not potentially hazardous under department rule. Ask FDACS if unsure.
-
2
Check home-based business conditions
Review s. 559.955: employee, parking, appearance, signage and nuisance conditions apply, and retail transactions must occur at the dwelling.
-
3
Design a compliant label
Include your name and address, product name, ingredients by weight, net weight or volume, allergens, and the required disclaimer in at least 10-point type.
-
4
Track your sales
Keep records of gross sales from all locations so you can show the department on request.
-
5
Handle taxes
State and federal tax requirements still apply; contact the Florida Department of Revenue about sales tax.
What a Compliant Florida Label Looks Like
Quickly Cottage builds your ingredient list, detects allergens, and adds the required disclosure automatically.
Product
Ingredients
Chocolate Cake Pops
Net Wt: 8 oz (227g)
Sunflower Home Bakery
412 Maple Ave, Springfield, FL
Ingredients:
Enriched Bleached Flour (Wheat Flour, Niacin, Iron, Thiamin Mononitrate, Riboflavin, Folic Acid), Sugar, Cocoa (Processed with Alkali), Leavening (Baking Soda, Sodium Aluminum Phosphate, Monocalcium Phosphate), Corn Starch, Salt, Soybean Oil; Sugar, Unsweetened Chocolate, Cocoa Butter, Milkfat, Soy Lecithin, Vanilla; Sugar, Corn Starch, Vegetable Oil (Palm), Confectioner's Glaze, Carnauba Wax, FD&C Colors; Water, Propylene Glycol, FD&C Red 40.
Contains:
Made in a cottage food operation that is not subject to Florida's food safety regulations.
Label Requirements
Every cottage food product sold in Florida must have a label that includes the following.
| Required field |
|---|
| All 9 FDA major allergens present |
| Complete ingredient list, in descending order by weight |
| Business name |
| Business address |
| Product name |
| Net weight |
| "Not inspected" disclosure statement |
Florida Labeling Notes
- The statement must be in at least 10-point type and a color that contrasts with the background.
- Only prepackaged products may be sold.
Required Label Disclosure
This exact text must appear on every label you sell in Florida.
Made in a cottage food operation that is not subject to Florida's food safety regulations.
Quickly Cottage adds this to your label automatically.
Generate your Florida label in minutes
Ingredient lists, allergens, and the required disclosure — built in automatically.
Florida Cottage Food — Common Questions
A cottage food operation is exempt from the state food permit under s. 500.12 as long as annual gross sales stay at or below $250,000 and it follows s. 500.80.
The limit is $250,000 in gross sales.
Section 500.80 does not mention any training or food handler requirement.
Online sales are allowed. Shipping is allowed. Internet and mail-order sales are allowed; the products must be prepackaged and labeled.
Not allowed: Foods that are time or temperature controlled for safety; Foods defined as potentially hazardous by department rule.
Resources and Law History
Who to contact
Florida Department of Agriculture and Consumer Services
1-800-435-7352
Agency website2011
Section 500.80 created (ch. 2011-205).
2017
Amended (ch. 2017-32).
2021
Amended (ch. 2021-211).
2025
Amended (s. 89, ch. 2025-22); the 2025 and 2026 statutes show a $250,000 cap.
Law reference: Florida Cottage Food Law (Florida Statutes section 500.80 (Cottage food operations)) · Last updated 2026 · Always verify requirements with your state's department of agriculture before selling.
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