Florida Cottage Food Law: Sales Limit, Labels, and How to Deliver
Florida cottage food law in plain terms: the $250,000 sales limit, which foods are allowed, the exact label statement, and how you may sell and deliver.
Florida cottage food law lets you make low-risk foods such as bread, cookies, candy, and jam in your home kitchen and sell them without a food permit, as long as your gross sales stay at or under $250,000 a year. The rules are in section 500.80 of the Florida Statutes, and the Florida Department of Agriculture and Consumer Services (FDACS) enforces them (FDACS).
This guide covers what the statute and FDACS say: which foods qualify, what goes on the label, where and how you can sell, and what changes when you outgrow your home kitchen.
Key takeaways
- A cottage food operation can gross up to $250,000 a year with no food permit (s. 500.80).
- Only low-risk foods qualify. Anything that needs refrigeration, plus meat, dairy, eggs, and canned vegetables, is out.
- You can sell in person, online, and by mail order, and deliver in person, to an event venue, or by USPS or a commercial mail service.
- Wholesale is banned. You can’t sell to a store, café, or restaurant for resale.
- Cities and counties can’t prohibit a cottage food operation or regulate how it makes, stores, or sells food.
What is a cottage food operation in Florida?
It’s a person or business making cottage food products in an unlicensed home kitchen and selling them under the exemption in section 500.80. The operation must still follow the parts of Chapter 500 that apply to it, but it doesn’t need the food permit that bakeries and food manufacturers get from FDACS.
The exemption holds while annual gross sales stay at or under $250,000. That total counts every cottage food sale at every location, whatever the product and however many people are involved, and you must show FDACS written records of your sales if it asks (s. 500.80).
The current version of the law dates from the “Home Sweet Home Act,” which took effect on July 1, 2021 (UF/IFAS Extension).
What foods can you sell under Florida cottage food law?
You can sell foods that present a low risk of foodborne illness and don’t need refrigeration. FDACS lists these categories (FDACS):
| Allowed | Examples |
|---|---|
| Baked goods | Breads, rolls, biscuits, cakes, pastries, cookies, fruit pies |
| Sweets | Candies, confections, popcorn and popcorn balls |
| Preserves | Honey, jams, jellies, preserves, dried fruit |
| Dry goods | Dry herbs, seasonings and mixes, homemade pasta, cereals, trail mix, granola, coated or uncoated nuts |
| Other | Vinegar and flavored vinegars |
UF/IFAS Extension lists the foods that don’t qualify (FS425):
- Baked goods that need any refrigeration, such as custard or cream cheese icing or filling
- Focaccia-style breads with cheese or vegetables
- Canned fruits and vegetables, chutneys, garlic dip, hummus, and canned pickled products
- Salsa, BBQ sauce, ketchup, mustard, syrups, and vegetable butters and jellies
- Meat, fish, shellfish, eggs, milk, and dairy products
- Cut fresh fruit and vegetables, raw seed sprouts, ice, and CBD or hemp items
If a product sits on the line, such as a cake with a filling you aren’t sure about, ask FDACS before you sell it.
Do you need a license or permit?
You don’t need a food permit from FDACS, and no inspection happens unless someone files a complaint. If one does, FDACS can inspect your premises, and refusing entry is grounds for discipline (s. 500.80).
Local rules are limited. Florida preempts cottage food regulation to the state: a city or county can’t prohibit a cottage food operation or regulate how it prepares, processes, stores, or sells cottage food. The operation must still meet the state’s conditions for home-based businesses in section 559.955.
Taxes are separate. The exemption doesn’t excuse you from any state or federal tax law, and UF/IFAS notes that some food products are not tax exempt. Ask your county tax collector what applies to you.
What has to be on a Florida cottage food label?
Every product must be prepackaged and labeled before you sell it. The label needs (s. 500.80):
- The name and address of the cottage food operation
- The name of the product
- The ingredients, in descending order by weight
- The net weight or net volume
- Allergen information as federal labeling rules require
- Nutrition information, if you make any nutritional claim
It must also carry this statement, in at least 10-point type and a color that contrasts clearly with the background:
Made in a cottage food operation that is not subject to Florida’s food safety regulations.
Free samples are allowed, but they must be prepackaged too (FDACS).
Where and how can you sell cottage food in Florida?
You can sell directly to consumers in person, on your website, and by mail order. UF/IFAS lists farmers markets, pop-up markets, flea markets, and roadside stands as places to sell, provided nothing else on your stand requires a food permit. Some markets ask vendors for their own paperwork, so check with the organizer.
The firm limits are:
| Rule | What it means |
|---|---|
| No wholesale | You can’t sell, offer, or deliver products at wholesale. A café, shop, or restaurant can’t buy them to resell. |
| Store at home | You may only sell products that you store on your own premises. |
| Prepackaged only | Every product must be packaged and labeled before sale. |
How can you deliver cottage food orders?
The statute allows three ways (s. 500.80):
- In person, directly to the consumer
- To a specific event venue
- By the U.S. Postal Service or a commercial mail delivery service
Shipping is a real difference from some states: Texas cottage food law, for example, requires online orders to be delivered in person. The Florida statute doesn’t say whether other states accept the package, so if you ship beyond Florida, check the rules where your customer lives.
It also doesn’t say whether a local courier counts as in-person delivery or as a commercial delivery service. If you want a courier to carry cottage food orders, ask FDACS first and keep its answer on file. Packages should leave your home already sealed and labeled, since everything you sell must be prepackaged.
When should you move to a licensed kitchen?
Move when one of the limits starts to cost you business:
| Sign | Why it matters |
|---|---|
| Sales are approaching $250,000 | Sales over the limit fall outside the exemption |
| A café, grocery store, or restaurant wants to stock your product | Wholesale is banned under the cottage food exemption |
| You want to sell cheesecake, cream-filled pastries, salsa, or anything with meat | Those foods don’t qualify |
| You need more space than your home can store | You may only sell what you store on your premises |
The exemption doesn’t apply to anyone operating under an FDACS food permit, so once you move to a permitted kitchen, you follow the rules for permitted food establishments instead. Many bakers start by renting hours in a shared kitchen; our guide to commissary kitchens covers what they cost and what they ask of tenants. If your plan is to get onto store shelves, our guide to direct store delivery explains what stores expect at the back door.
With a permit, wholesale and courier delivery are open to you. We run scheduled and same-day routes for bakeries and food brands across Florida, including a courier service in Miami, Orlando, Tampa, and Jacksonville. Multi-stop routes carry a morning’s orders to cafés and customers in one run, with live tracking and a photo at every drop-off. See our bakery delivery service, or enter two addresses in the delivery cost calculator to price a route.
Frequently Asked Questions
What is the cottage food limit in Florida?
$250,000 in annual gross sales, counting every cottage food sale at every location (s. 500.80).
Do I need a license to sell baked goods from home in Florida?
You don’t need a food permit if you follow section 500.80 and stay under the sales limit. You still have to label every product and meet tax and home-based business rules.
Can I ship cottage food in Florida?
Yes. The statute allows delivery by the U.S. Postal Service or a commercial mail delivery service, and sales online and by mail order.
Can I sell cottage food to a coffee shop or restaurant in Florida?
No. Florida bans cottage food wholesale, so a business can’t buy your products to resell. You need an FDACS food permit for that.
Can I sell cheesecake under Florida cottage food law?
No. Baked goods that need refrigeration, including cheesecake and anything with custard or cream cheese icing or filling, don’t qualify (UF/IFAS Extension).
Can my city or HOA stop me from running a cottage food business?
A city or county can’t prohibit a cottage food operation or regulate its food production or sales, because Florida preempts those rules to the state. You still have to meet the state’s home-based business conditions. The statute doesn’t address private HOA covenants, so read yours.
The Bottom Line
Florida’s cottage food law is generous on money and shipping: a $250,000 limit, no food permit, and sales online and by mail. It is strict on what you make and who you sell to. Only shelf-stable, low-risk foods qualify, every product must be packaged and labeled with the required statement, and wholesale is banned. When stores or restaurants want your product, a permitted kitchen is the next step, and a courier route can take over the deliveries. To price one, use the delivery cost calculator.