Florida's Cottage Food Law: Where It Stands and What May Come Next

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Florida's cottage food law is generous on business rules and strict on products. A Florida home baker may sell up to $250,000 a year without a state food permit, take orders online and deliver by mail. Cities and counties may not ban the business. But the law covers only foods that do not need refrigeration or other time or temperature control for safety, so cheesecake and cream cheese frosting generally do not qualify. Florida's cottage food law has not changed much since 2021, while several other states have moved ahead on perishable foods. This guide explains where Florida's law stands, what official guidance says about shipping and, in a clearly labeled outlook, what changes may come next.

Note: This article is general information, not legal advice. Law details come from the Florida Statutes, the Laws of Florida, Florida Senate bill pages, UF/IFAS Extension and the Florida Department of Agriculture and Consumer Services, or FDACS, all linked below. Sources were checked on Oct. 31, 2026. The "Outlook" section is Cottage Food Directory's analysis, not a sourced forecast. FDACS enforces Florida's cottage food law, so confirm details with FDACS before you act on them.

Florida's law today

FDACS lists approved products such as breads, cakes, cookies, candies, jams, fruit pies, dried herbs, homemade pasta, granola, nuts and popcorn. Source: FDACS: Cottage Foods. The Florida cottage food law guide has the full rules.

How Florida got here

For the full history of the cap, see Florida's $250,000 Cottage Food Cap: What It Means Five Years Later.

Shipping: UF/IFAS says within Florida only

Florida's statute allows delivery by the U.S. Postal Service or a commercial mail delivery service but does not mention state lines, and the FDACS cottage food page does not address them. UF/IFAS Extension's current fact sheet says cottage food products may be shipped within Florida and cannot be shipped to consumers outside Florida, because food sold across state lines falls under federal rules. A May 19, 2026, post from UF/IFAS Extension Orange County also says sales must take place within Florida. Ship only to buyers in Florida unless FDACS tells you otherwise in writing. Sources: Fla. Stat. 500.80(2); FDACS: Cottage Foods; UF/IFAS Extension, FS425; UF/IFAS Extension Orange County, May 19, 2026.

See Can You Ship Cottage Foods Across State Lines?.

How Florida compares on perishable foods

Several states now allow some homemade foods that need refrigeration, each with conditions.

For more on the 2026 changes in other states, see Cottage Food Law Changes in 2026. For the national picture, see Where Cottage Food Laws Are Headed: The 2025-2026 Wave and What Comes Next.

Outlook: what may come next in Florida

This outlook is Cottage Food Directory's analysis. It is not a prediction from FDACS or the Legislature.

  1. A bill to allow some perishable foods. Florida already has a high cap, mail delivery and state preemption, so the clearest remaining gap is the food list. A bill modeled on Tennessee, Texas or Colorado could let home bakers sell items like cheesecake or cream cheese frosting with refrigeration, registration, training or label rules. A filing in the 2027 or 2028 session seems plausible. Passage on the first try is less certain. The 2022 home kitchen bill died in committee, and Florida's cap increases came years apart, in 2011, 2017 and 2021.
  2. Address privacy on labels. Florida labels must show the operation's address, and UF/IFAS Extension says a post office box is not enough. Texas lets an operation registered with the state health department use its identification number instead of its address. Virginia has allowed a post office box number on labels since July 1, 2026. A similar change would be a small fix that could ride along with a larger bill. Sources: Tex. Health & Safety Code 437.0193(b-1); Va. Code 3.2-5130(C)(3).
  3. Clearer shipping rules. The statute does not mention state lines, so a clarifying amendment or written FDACS guidance could settle the question.
  4. The cap is likely to stay at $250,000. Florida's cap matches Oklahoma's $250,000 cap starting Nov. 1, 2026, and is above Texas' $150,000, adjusted each year for inflation, and the $100,000 caps in Louisiana and Maryland, so there is little pressure to raise it soon. Sources: HB 3720 (2026), enrolled; Tex. Health & Safety Code 437.001(2-b)(B); Act 801 of 2026 (HB 403); Chapter 320 of 2026 (HB 535).
  5. Home restaurants are unlikely soon. California's microenterprise home kitchen operations, small restaurants run from a home kitchen, exist only where a city or county opts in. Home restaurants serving plated meals would be a bigger step than selling packaged foods. Source: California Department of Public Health: Microenterprise Home Kitchen Operations.

What Florida operators can do now

Frequently asked questions

Can I sell cheesecake from my Florida home kitchen?

Not as a cottage food operation. Foods that need time or temperature control for safety are not cottage food products in Florida, so they require an FDACS food permit. Sources: Fla. Stat. 500.03(1)(j); Fla. Stat. 500.12.

Can I ship Florida cottage foods to other states?

Not according to UF/IFAS Extension, which says cottage foods may be shipped only within Florida. The statute does not mention state lines, so ask FDACS before shipping outside Florida. Sources: Fla. Stat. 500.80(2); UF/IFAS Extension, FS425.

Can I put a post office box on my Florida label instead of my home address?

The statute requires the operation's name and address, and UF/IFAS Extension says a post office box is not sufficient. Sources: Fla. Stat. 500.80(3)(a); UF/IFAS Extension, FS425.

Is a bill pending to change Florida's cottage food law?

None was found for the 2027 session as of Oct. 31, 2026. Check the Florida Senate bill search for new filings. Source: Florida Senate, 2027 bills.

Official sources

To find home bakers and makers in the state, browse the Florida listings.

This article is general information, not legal advice. Last reviewed Oct. 31, 2026.