Florida Cottage Food Laws: A Real-World Guide for Home Bakers and Food Entrepreneurs

Ever wanted to sell your secret recipe cookies or legendary banana bread from your own kitchen in Florida? Thanks to Florida’s cottage food laws, you can launch a home-based food business with less red tape than you might think. But before you fire up the oven, here’s what you need to know to stay legal, safe, and successful—whether you’re just starting out or looking to grow your side hustle.

What Are Florida’s Cottage Food Laws?

Florida’s cottage food law lets individuals prepare and sell certain low-risk foods from their home kitchens, without state licensing, permits, or inspections. The law is designed for small, direct-to-consumer businesses selling foods that don’t need refrigeration to stay safe. These rules are managed by the Florida Department of Agriculture and Consumer Services (FDACS).

What Foods Can You Sell Under Florida’s Cottage Food Law?

You can only sell “non-potentially hazardous” foods—meaning foods that won’t easily spoil or cause illness at room temperature. Here’s what’s allowed:

Breads, cakes, cookies, brownies, muffins, tortillas, biscuits, pastries
Jams, jellies, fruit preserves (using high-acid fruits only—no low-acid veggies)
Candies, fudge, caramels, peanut brittle, chocolate-covered non-perishables
Popcorn, granola, cereal, trail mix, nuts, and nut mixes
Dried fruits, dried herbs, spice blends, tea blends
Honey, syrup, flavored vinegars
Dry mixes (cake, bread, soup, etc.)
Fruit pies (no cream, custard, or meringue pies)

Not allowed: Foods that require refrigeration or hot holding for safety—like cheesecakes, salsas, pickles, dairy products, meat, seafood, cooked rice or beans, low-acid canned foods, or anything home-canned except jams and jellies made with high-acid fruit. If it must be kept cold or hot, you can’t sell it under the cottage food law.

Where and How Can You Sell Cottage Foods in Florida?

Direct to consumers—from your home (pickup), at farmers markets, roadside stands, festivals, community events, or even at church bake sales
Online sales are allowed only for in-state pickup or direct delivery by you
No wholesale or resale—so you can’t sell to stores, restaurants, or through third-party retailers or shipping companies

Shipping: As of 2021, you can ship cottage foods within Florida (but not out of state).

Key Rules and Requirements

No license or inspection required: You don’t need a food permit, license, or routine kitchen inspections for cottage foods in Florida. This is a big difference from some other states.
Sales cap: As of July 1, 2021, you can earn up to $250,000 in gross annual sales from cottage foods—plenty of room to grow!
Labeling: Every package must be labeled with:
- Your name, home address, and contact phone number
- Name of the product
- Ingredients listed in descending order by weight
- Allergen information (wheat, eggs, milk, soy, peanuts, tree nuts, etc.)
- Net weight or volume
- The statement: “Made in a cottage food operation that is not subject to Florida’s food safety regulations.”
Food safety: You must use safe food handling practices—clean kitchen, sanitized surfaces, hand washing, and no pets or smoking during food prep. If a foodborne illness is linked to your product, you can be investigated and held responsible.
Record keeping: While not required by law, keeping records of sales, recipes, and ingredient sources is a smart idea for taxes and if any questions come up.

Taxes and Local Business Rules

You must report all cottage food sales as income. Depending on your city or county, you may also need a local business license or may be required to collect sales tax. Check with your local government for the latest requirements.

Common Mistakes to Avoid

Selling foods that aren’t on the approved list, or that need refrigeration (like cheesecakes, fresh salsas, or pickled foods)
Skipping required labeling or leaving off the “not subject to Florida’s food safety regulations” statement
Selling to stores, restaurants, or across state lines
Shipping outside Florida
Letting pets in the kitchen during food prep, or ignoring good hygiene

Helpful Resources

Final Thoughts: Florida’s Sweet Spot for Home Food Businesses

Florida’s cottage food law is one of the most business-friendly in the nation. With no license required, a generous sales cap, and plenty of flexibility, it’s a great way to test your recipes with real customers and build your brand. Just remember: stick to the safe food list, label everything, and keep your kitchen clean. Who knows—your home kitchen could launch Florida’s next famous food business!