Selling Food From Home in Florida: What Florida Cottage Food Laws Should You Know?

How to Start a Food Business from Home in Florida

What used to be considered a side hustle is now a booming industry in Florida. In fact, selling food from home in Florida is easier than you might think. Since reaching $5 billion in revenue in 2008, cottage food sales have increased to an estimated $20 billion annually.

Florida laws regulating the operation of a cottage food business are fairly straightforward and provided online by the Florida Department of Agriculture and Consumer Services (FDACS).

Do I Need a License to Sell Homemade Food in Florida?

Cottage food operations do not need a permit or license from the FDACS to operate legally in Florida. In addition, kitchens and other areas where cottage food is produced do not require inspection by any Florida government department.

As one of few food operations that do not need permits, Florida cottage food business owners are always exempt from licensing or permits as long as they don't directly sell cottage food from their homes. All cottage food sold must be mailed to customers or sold and then delivered to event venues, such as birthday parties or weddings. If a cottage food seller begins serving customers at their home, Florida considers that a type of restaurant establishment requiring a license and/or permit to operate.

Florida Cottage Food Laws: A Brief Guide

The most important Florida cottage food laws involve what is allowed to be sold as cottage food, and what information should be clearly written or printed on labels:

• Cottage food products must not be "Time/Temperature Controlled for Safety Food" that require being kept at a specific temperature to prevent spoilage. Cottage food cannot be raw, heat-treated animal or plant food or contain cut tomatoes, cut leafy greens, raw seed sprouts, or cut melons.
• Labels affixed to cottage foods must adhere to requirements described in Section 500.80, Florida Statutes, and the U.S. Code of Federal Regulations (Title 21, Part 101). All labels must contain the following sentence: "Made in a cottage food operation that is not subject to Florida's food safety regulations".
• Only potable water obtained from a municipal water system or onsite well that is in compliance with local and state construction codes can be used to make cottage foods.
• Cottage food ingredients that are considered allergens must be identified on labels: peanuts, eggs, wheat, milk, soybeans, shrimp, crab, lobster, shellfish, fish, pecans, walnuts, and almonds (tree nuts).
• Cottage food cannot be sold as a wholesale item to grocery stores, restaurants, or other retail establishments.
• Florida cottage food laws do not permit the sale of foods containing THC, CBD, or other compounds extracted from marijuana or hemp plants.
• Cottage food operations can make up to $250,000 in gross sales in one year before they might need to obtain a license. They may also be subject to certain state and federal tax laws when grossing over $250,000. If someone does need a permit to sell food from home Florida will grant a retail food establishment permit following building inspections and payment of fees.

If you are unsure about a particular ingredient you want to use in making cottage food, check the Cottage Food Operations guide published by the FDACS.

What is Considered Cottage Food in Florida?

What can a cottage food business owner legally make and sell from their home in Florida?

• Cakes, cookies, and pastries
• Confections and candies
• Biscuits, rolls, and loaf-style bread
• Honey
• Preserves, jellies, and jams (high-acid fruits only–grapes, blueberries, apples, peaches)
• Dried fruits
• Fruit pies
• Dry herbs and seasonings
• Homemade pasta
• Uncoated or coated tree nuts
• Granola, trail mixes, and cereals
• Popcorn/popcorn balls
• Plain or flavored vinegar
• Butter made from tree nuts

Best Selling Cottage Foods

The most popular cottage foods are pastries, candies, and bread. However, a cottage food business owner can often find a niche for specialty items that customers can't find at the grocery store, such as tree nut butter or dry seasonings. Having a well-developed website that allows for customer feedback or requests can help owners learn what their best selling cottage foods are over time.

Florida Cottage Food Label Template

All labels identifying a particular cottage food must have the following printed on the label:

• Name and address of the cottage food business (ex: Mary's Pastries, 1234 Elm Street, Miami, FL)
• Name of the food item: (ex: Apple Pie, Grape Jam)
• Food product ingredients listed according to weight (heaviest first, least last)
• Net volume/net weight of the cottage food item
• Allergen information
• Nutritional information (if nutritional claims are made) that complies with labeling requirements

The FDACS provides an example of a Florida cottage food label here: template

Cottage Food Sales Tax

Regarding taxes and the cottage food law Florida sales tax does not need to be applied to cottage food sales. Florida statute s. 212.08(1), F.S., exempts the sale of food items from sales tax. However, any food-making establishment that provides eating facilities must collect sales tax on items unless the food item is deliberately packaged and sold for off-premises consumption.

To learn more about cottage food operations Florida provides several websites with more information: the University of Florida and the Home Sweet Home Act.