Cottage Food Laws in Florida
Last verified against official sources on by Amrit. How we verify
Yes. In Florida you can make and sell low-risk homemade foods, like baked goods, candy and jams, without a state food permit. Your sales must stay at or under $250,000 a year. Every item must be prepackaged with a label that includes a required statement. You can sell in person, online or by mail, but not wholesale.[4][1]
At a glance
| Permit needed | No state food permit[4] |
|---|---|
| Sales cap | $250,000 a year in gross sales, counting all your cottage food sales everywhere[1] |
| Label statement | "Made in a cottage food operation that is not subject to Florida’s food safety regulations." (at least 10-point type)[1] |
| Where you can sell | Directly to customers. No wholesale, so no selling to stores or restaurants for resale.[4] |
| Online and shipping | Yes. Sell online or by mail order, and deliver in person, to an event venue, or by USPS or a mail carrier.[1] |
| Foods | Only foods that don't need refrigeration or other temperature control for safety[2] |
| Agency | Florida Department of Agriculture and Consumer Services (FDACS)[1] |
Step by step
Do these in order. Each step links to the official form or page.
Check that your food qualifies
Your food must not need refrigeration or other temperature control to stay safe. FDACS lists breads, cakes, cookies, candy, honey, jams, fruit pies, dried herbs, homemade pasta, granola, nuts, vinegars and popcorn as approved.[2][4]
Make the food in your home
Make or pack the food at your own home, or at the home of a person who owns part of your business. Store everything you sell there too.[2][1]
Package and label every item
Everything must be prepackaged. The label needs your business name and address, the product name, ingredients in order of weight, net weight or volume, allergen information, and the required statement in at least 10-point type. If you make a nutrition claim, add nutrition information.[1]
Check your local business tax and home business rules
Your city and county cannot ban cottage food, but your business must meet Florida's home-based business conditions. For example, anyone who works at your home must live there, except for up to two outside employees or contractors, and business parking must be no more than a normal home would have. Local business taxes still apply, so ask your county or city tax collector about a local business tax receipt.[1][3]
Sell and keep sales records
Sell directly to customers in person, online or by mail. Keep records of your sales, because FDACS can ask you to prove you are under the cap.[1]
What you can and can't sell[4][2]
Allowed
- Loaf breads, rolls and 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
Not allowed
- Any food that needs refrigeration or other time or temperature control for safety
- Foods defined as "potentially hazardous" by FDACS rule
Local rules
These places add their own requirements on top of the state rules.
- All Florida cities and counties: Local governments cannot ban a cottage food business or regulate how you make, store or sell cottage food. Your home business must still meet the state's home-based business conditions, and local business taxes apply.[1][3]
Recent changes
- : The "Home Sweet Home Act" (HB 663) raised the sales cap from $50,000 to $250,000, allowed mail delivery, and stopped cities and counties from banning or regulating cottage food. It took effect with the home-based business law (HB 403) on July 1, 2021.[5][6]
Frequently asked questions
Can I ship my cookies to customers?
Yes. Florida law lets you sell online or by mail order and deliver by USPS or a commercial mail carrier.[1]
Can I sell my baked goods to a coffee shop or store?
No. Cottage food cannot be sold wholesale, which means you cannot sell to a shop or restaurant that resells it. You can only sell directly to the person who will eat it.[1][4]
Can I give out free samples?
Yes, but the samples must be prepackaged.[4]
Can my city or HOA stop me?
Your city or county cannot ban cottage food. But Florida's home-based business law does not override condo, co-op or HOA rules, so check your community's documents.[1][3]
Will anyone inspect my kitchen?
Only if someone complains. FDACS can enter and inspect your home kitchen only after it receives a complaint. If you refuse to let the inspector in, FDACS can take disciplinary action against you.[1]
Do I still have to pay taxes?
Yes. The cottage food law does not exempt you from state or federal tax rules.[1]
Can I hire employees?
Under Florida's home-based business law, up to two employees or contractors who don't live in your home can work there. Everyone else working at the home must live there.[3]
Sources
- Florida Statutes § 500.80, Cottage food operations (2026), The Florida Legislature. Checked October 24, 2026.
- Florida Statutes § 500.03, Definitions (2026), The Florida Legislature. Checked October 24, 2026.
- Florida Statutes § 559.955, Home-based businesses; local government restrictions (2026), The Florida Legislature. Checked October 24, 2026.
- Cottage Foods, Florida Department of Agriculture and Consumer Services. Checked October 24, 2026.
- Laws of Florida, Chapter 2021-211 (CS/HB 663, Home Sweet Home Act), Florida Department of State. Checked October 24, 2026.
- Laws of Florida, Chapter 2021-202 (CS/HB 403, home-based businesses), Florida Department of State. Checked October 24, 2026.
Related
- Food Truck Permits in Florida
- Cottage Food Laws in Alabama
- Cottage Food Laws in Georgia
- Cottage Food Laws by State
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Florida Department of Agriculture and Consumer Services (FDACS), Division of Food Safety or your local health department. Spotted something wrong or out of date?Report it and we will check it.