United States · FL
Florida
Cottage Food Operation
At a glance
- Administering agency
- Florida Department of Agriculture and Consumer Services (FDACS)
Source: FDACS — Cottage Foods · Verified Sep 15, 2026
- Permit required
- No
Exempt from FDACS food permitting while annual gross sales of cottage food products stay at or under $250,000.
Source: Fla. Stat. § 500.80 (2026) · Verified Sep 15, 2026
- License cost
- None
No food permit is required, so there is no permit fee.
Source: FDACS — Cottage Foods · Verified Sep 15, 2026
- Annual sales cap
- $250,000
Raised from $50,000 to $250,000 by CS/HB 663 (ch. 2021-211), effective July 1, 2021. Sales at all locations count toward the limit.
Source: Fla. Stat. § 500.80 (2026) · Verified Sep 15, 2026
- Training required
- No
Neither s. 500.80 nor the FDACS page lists a training requirement.
Source: Fla. Stat. § 500.80 (2026) · Verified Sep 15, 2026
- Home inspection
- No
FDACS may inspect the premises only after receiving a complaint.
Source: Fla. Stat. § 500.80 (2026) · Verified Sep 15, 2026
Permit details
- How it works
- No FDACS food permit is required if the operation follows s. 500.80 and its annual gross sales of cottage food products do not exceed $250,000. FDACS may investigate complaints and inspect the premises only after a complaint. State and federal tax laws and certificates still apply.
Source: Fla. Stat. § 500.80 (2026) · Verified Sep 15, 2026
Allowed foods
- Allowed
- Loaf breads, rolls, biscuits
- Cakes, pastries and cookies
- Candies and confections
- Honey
- Jams, jellies and preserves
- Fruit pies and dried fruits
- Dry herbs, seasonings and mixtures
- Homemade pasta
- Cereals, trail mixes and granola
- Coated or uncoated nuts
- Vinegar and flavored vinegars
- Popcorn and popcorn balls
Source: FDACS — Cottage Foods (Approved Cottage Food Products) · Verified Sep 15, 2026
- Prohibited
- Any food that requires time or temperature control for safety (TCS)
- Fresh or dried meat or meat products, including jerky
- Fish or shellfish products
- Canned fruits and vegetables, chutneys, vegetable butters and jellies, flavored oils, hummus, garlic dip, salsas
- Canned pickled products such as corn relish, pickles, and sauerkraut
- Raw seed sprouts
- Bakery goods that require refrigeration, such as cream, custard, or meringue pies and cakes or pastries with cream cheese icings or fillings
- Milk and dairy products, including cheeses and yogurt
- Cut fresh fruits or vegetables; juices made from fresh fruits or vegetables
- Ice or ice products
- Barbecue sauces, ketchups, mustards
- Focaccia-style breads with vegetables or cheeses
The current FDACS page lists approved foods only. TCS foods are excluded by definition (Fla. Stat. § 500.03); the named examples come from FDACS guidance as quoted in the 2021 House analysis.
Source: Florida House staff analysis of CS/HB 663 (2021), listing FDACS prohibited cottage foods · Verified Sep 15, 2026
Labeling requirements
- On every package
- Name and address of the cottage food operation
- Name of the cottage food product
- Ingredients in descending order of predominance by weight
- Net weight or net volume
- Allergen information as specified by federal labeling requirements
- Nutrition information, if any nutritional claim is made
- Statement in at least 10-point type, in a contrasting color: "Made in a cottage food operation that is not subject to Florida's food safety regulations."
Products must be prepackaged with the label affixed.
Source: Fla. Stat. § 500.80 (2026) · Verified Sep 15, 2026
Sales channels
- Where you can sell
- In person: Yes
- Farmers market: Yes
- Online (in-state): Yes
- Online (out-of-state shipping): No — not authorized
- Delivery (in-state): Yes
- Retail / wholesale resale: No
- May sell and accept payment online or by mail order, and deliver in person, to an event venue, or by USPS or commercial mail carrier. Wholesale is not allowed. Free samples must be prepackaged. Products sold must be stored on the premises. Florida's exemption covers in-state sales only; shipping to another state falls under federal (FDA) jurisdiction, which s. 500.80 can't authorize.
Source: Fla. Stat. § 500.80 (2026) · Verified Sep 22, 2026
Caveats
- Regulation of cottage food operations is preempted to the state: local laws may not prohibit them or regulate their preparation, storage, or sale.
- Section 500.80 is a state exemption: it covers sales within Florida and can't authorize shipping cottage food to another state, where federal food rules apply.
Official sources
- FDACS — Cottage Foods · agency page
- Fla. Stat. § 500.80 (2026) · statute
- Fla. Stat. § 500.03 (definitions) · statute
- Florida House staff analysis, CS/HB 663 (2021) · guidance
Page last reviewed: 2026-09-15