Florida's $250,000 Cottage Food Cap: What It Means Five Years Later

Published ยท State law changes

On July 1, 2021, Florida raised the most a cottage food operation can sell in a year without a state food permit from $50,000 to $250,000. The same law, CS/HB 663, which may be cited as the "Home Sweet Home Act," let operators ship by mail, barred cities and counties from banning cottage food businesses and tied those businesses to a new state law on home-based businesses. More than five years later, the $250,000 figure is still in the statute. This guide explains what the cap counts, what the 2021 law changed, what it left alone and what Florida lawmakers have done since.

Note: This article is general information, not legal advice. Law details come from the Florida Statutes, the Laws of Florida, Florida Senate bill pages, the Florida Department of Agriculture and Consumer Services and UF/IFAS Extension, all linked below. FDACS enforces Florida's cottage food law, so confirm details with FDACS before you act on them. Sources were checked on Oct. 26, 2026.

How Florida's cap grew

Florida's cottage food law has had three sales caps since it took effect in 2011.

What the 2021 law changed

The bigger cap was one of five changes in Ch. 2021-211.

What the $250,000 cap counts

The cap is on annual gross sales of cottage food products, not profit. It includes all sales of cottage food products at any location, no matter what products are sold or how many people are involved in the operation. A cottage food operation must give FDACS written records of its annual gross sales if the department asks for them. Source: Fla. Stat. 500.80(1)(b).

In practice, that means farmers market sales, online orders, shipped orders and sales from home all count toward the same total. The statute does not adjust the $250,000 figure for inflation or define the 12-month period it measures, so ask FDACS how the cap applies to your records. Questions about how the cap applies can go to FDACS at 1-800-HELP-FLA (435-7352) or [email protected]. Source: FDACS Cottage Foods.

An operation that sells more than $250,000 a year no longer qualifies for the exemption and needs a food permit from FDACS. The cottage food section does not apply to anyone already operating under a food permit, so a business cannot use both at once. State law caps the food permit fee at $650, with the amount set by department rule. Sources: Fla. Stat. 500.80(1)(a) and (8); Fla. Stat. 500.12(1).

What the 2021 law left alone

Several core rules are the same as they were before the cap went up.

What has changed since 2021

The cap itself has not moved. Several later bills touched the cottage food law or came close.

For changes in other states this year, see Cottage Food Law Changes in 2026. For how Florida's rules compare with nearby states, see How Cottage Food Laws Compare in Florida, Georgia, Alabama and South Carolina.

What it means for Florida operators today

Frequently asked questions

Can I sell more than $250,000 a year as a Florida cottage food operation?

Not under the cottage food exemption. It applies only while annual gross sales of cottage food products stay at or below $250,000. Selling more requires a food permit from FDACS. Sources: Fla. Stat. 500.80(1)(a); Fla. Stat. 500.12.

Can I count only my online sales toward the cap?

No. The cap includes all sales of cottage food products at any location, regardless of the products sold or the number of people involved. Source: Fla. Stat. 500.80(1)(b).

Can I ship Florida cottage foods to other states?

Florida law allows delivery by the U.S. Postal Service or a commercial mail delivery service and does not limit it to Florida, and UF/IFAS Extension says products may be shipped across state lines. Check the receiving state's rules first. Sources: Fla. Stat. 500.80(2); UF/IFAS Extension, FS425.

Can I sell my cottage foods to a coffee shop or grocery store?

No. Florida cottage food operations may not sell at wholesale, and UF/IFAS Extension says a permitted food business cannot sell cottage foods. Sources: Fla. Stat. 500.80(2); UF/IFAS Extension, FS425.

Can my city or county ban my cottage food business?

No. Since July 1, 2021, regulation of cottage food operations is preempted to the state, though the operation must meet the home-based business conditions. An HOA or condominium declaration can still apply. Sources: Fla. Stat. 500.80(6); Fla. Stat. 559.955.

Can I run my cottage food operation as an LLC or other business entity?

Florida's definition covers an entity that makes or packages cottage food products at the home of a person who has an ownership interest in it. Source: Fla. Stat. 500.03(1)(i).

Official sources

For the full set of Florida rules, see the Florida cottage food law guide. To find home bakers and makers in the state, browse the Florida listings.

This article is general information, not legal advice. Last reviewed Oct. 26, 2026.