Credit: Keelworks Legal Research
https://keelworks.org
Florida Cottage Food Laws

1. Overview
   Florida Cottage Food Laws encourage entrepreneurship by allowing individuals to produce and
   sell non-potentially hazardous, shelf-stable foods from home kitchens. The state does not
   require licensing or inspections for cottage food operations, making it one of the most
   accessible states for starting a home-based food business. Operators must still follow local
   zoning, business licensing, and sales tax regulations.
2. Licensing and Registration Requirements
    No license or state registration is required to start a cottage food business in Florida.
    Operators should verify with local city or county offices about business licenses.
    Contact Florida Department of Revenue (850-488-6800) for sales tax requirements.
3. Allowed Cottage Food Products
   Acceptable foods include non-potentially hazardous, shelf-stable items, such as:
    Breads, rolls, biscuits, cakes, pastries, cookies
    Candies and confections
    Honey
    Jams, jellies, preserves
    Fruit pies, dried fruits
    Dry herbs, seasonings, and mixtures
    Homemade pasta
    Cereals, trail mixes, granola
    Coated or uncoated nuts
    Vinegar and flavored vinegars
    Popcorn and popcorn balls
4. Prohibited Foods
    Foods that are potentially hazardous or require refrigeration are prohibited.
    Ingredients like eggs, milk, or dairy can be used in allowed foods if baked or cooked.

 Foods like cream-filled pastries or cheesecakes remain restricted due to microbial risk.

5. Income Limitations
    Florida allows cottage food operators to earn up to $250,000 annually, a higher threshold
   than most states.
    This limit allows scaling toward opening a commercial food establishment once
   exceeded.
6. Acidity (pH) and Food Safety
    Food safety is determined by acidity level (pH).
    Foods with pH < 4.6 are considered safe and do not support bacterial growth.
    Low-acid foods (pH > 4.6) in sealed containers are not allowed unless prepared in
   licensed facilities.
    pH testing can be done using a food-grade pH spear tester.
7. Labeling Requirements
   Florida requires labeling for all cottage food products:
    Name and address of the cottage food operation
    Product name
    Ingredient list in descending order by weight
    Net weight or volume
    Allergen information (milk, eggs, wheat, soy, nuts, etc.)
    Date of production or lot number
    Mandatory statement:
   “Made in a cottage food operation that is not subject to Florida’s food safety
   regulations.”
    Labels must use at least 10-point font with clear contrast.
8. Allergens on Labels
    The FDA nine major allergens must be disclosed:
   Milk, Eggs, Fish, Crustacean Shellfish, Tree Nuts, Peanuts, Wheat, Soybeans, Sesame.
    Labels can include notices about allergens present in the kitchen or cross-contamination
   risks.
9. Sales and Distribution Rules
    Products can be sold directly to consumers from home, at farmers’ markets, flea
   markets, roadside stands, and via mail order.
    Other food items requiring permits must not be present in the same sales space.
10. Food Handler Training and Best Practices
     Training is not required, but recommended for safety and customer trust.
     Operators can complete short online courses and display certifications to reassure
    customers.
11. Safe Practices and Sanitization
     Keep all surfaces, equipment, and storage areas clean and sanitized.
     Prevent cross-contamination (e.g., raw eggs separate from flour).
     Maintain good lighting, bug-proofing, and hand hygiene.
     Avoid pets and restrict anyone who is ill from the workspace.
12. Recordkeeping
     Maintain records to track:
    o Recipes and ingredient sources
    o Production dates and batch codes
    o Sales dates and locations
     Helps with traceability in case of customer complaints or food safety concerns.
13. Liability Insurance
     Liability insurance is strongly recommended to protect against lawsuits.
     Options include general liability policies or bonds.
     A $2,000,000 liability policy may cost a few hundred dollars annually; bonds are cheaper
    but provide less coverage.
    Link: https://cottagefoodlaws.com/florida-cottage-food-laws

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