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