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.
- 2011: $15,000. The original law exempted cottage food operations from the state food permit if annual gross sales stayed at or below $15,000. It did not allow sales over the internet, by mail order or at wholesale. It took effect July 1, 2011. Source: Ch. 2011-205, Laws of Florida.
- 2017: $50,000. The cap rose to $50,000. Operators could take orders and payment online, but products had to be delivered in person to the consumer or to a specific event venue. Mail order and wholesale sales were still barred. It took effect July 1, 2017. Source: Ch. 2017-32, Laws of Florida.
- 2021: $250,000. CS/HB 663 passed the House 91-24 and the Senate 30-10, and the House agreed to the Senate's amendment 90-28. The governor approved it June 29, 2021. It took effect July 1, 2021, the same day as its companion home-based business bill, CS/HB 403. Sources: HB 663 (2021) bill page; Ch. 2021-211, Laws of Florida; HB 403 (2021) bill page.
What the 2021 law changed
The bigger cap was one of five changes in Ch. 2021-211.
- A higher cap. The exemption from the state food permit now applies while annual gross sales of cottage food products do not exceed $250,000. Source: Fla. Stat. 500.80(1)(a).
- Mail delivery. Operators may sell online or by mail order and deliver in person, to a specific event venue or by the U.S. Postal Service or a commercial mail delivery service. Florida law does not limit mail delivery to Florida, and UF/IFAS Extension says products may be shipped across state lines. The buyer's state can have its own rules. Sources: Fla. Stat. 500.80(2); UF/IFAS Extension, FS425. See Can You Ship Cottage Foods Across State Lines? and Packaging That Ships Well.
- State control instead of local rules. Before 2021, a cottage food operation had to follow all applicable county and city laws on how cottage foods were made, stored and sold. Now regulation of cottage food operations is preempted to the state, and a local law may not prohibit a cottage food operation or regulate the preparation, processing, storage or sale of its products. Sources: Ch. 2021-211; Fla. Stat. 500.80(6).
- Home-based business conditions. At the same time, a cottage food operation must meet the conditions for a home-based business in Fla. Stat. 559.955, created by HB 403. They include no more than two employees or independent contractors who live elsewhere working at the home, no more business parking than a similar home would normally need, a residential look from the street, no retail sales in a structure other than the home and business activity that stays secondary to the home's use as a residence. Source: Fla. Stat. 559.955(3).
- A reworded definition. The definition of a cottage food operation now covers a natural person or an entity that makes or packages cottage food products at the home of that person or of a person who has an ownership interest in the entity. Source: Fla. Stat. 500.03(1)(i).
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.
- No wholesale. A cottage food operation may not sell, offer or deliver its products at wholesale. UF/IFAS Extension adds that cottage foods may not be sold on consignment or from a convenience store, since a permitted food business cannot sell food from an unapproved source. Sources: Fla. Stat. 500.80(2); UF/IFAS Extension, FS425.
- Only low-risk foods. A cottage food product is food that does not need time or temperature control for safety and is not a potentially hazardous food under department rule. FDACS lists approved products such as breads, cakes, cookies, candies, honey, jams and jellies, fruit pies, dry herbs, homemade pasta, granola, nuts, vinegars and popcorn. UF/IFAS Extension lists baked goods that need refrigeration, such as those with custard or cream cheese icing or filling, among the prohibited foods. Sources: Fla. Stat. 500.03(1)(j); FDACS Cottage Foods; UF/IFAS Extension, FS425.
- Labels. Every product must be prepackaged with a label that lists the operation's name and address, the product name, ingredients in descending order of predominance by weight, net weight or volume, allergens and nutrition information if the label makes a nutrition claim. It must also carry the statement "Made in a cottage food operation that is not subject to Florida's food safety regulations" in at least 10-point type, in a color that contrasts clearly with the background. Source: Fla. Stat. 500.80(3). For free official label guides, see Cottage Food Label Templates and Tools.
- Storage, taxes and complaints. Operators may sell only products stored at the operation. The exemption does not cover tax laws. FDACS may enter and inspect a cottage food operation only after it receives a complaint. Sources: Fla. Stat. 500.80(4), (5) and (7).
What has changed since 2021
The cap itself has not moved. Several later bills touched the cottage food law or came close.
- 2022: home kitchen bills died. CS/HB 707 and CS/SB 1158, both titled "Home Kitchen Operations," died in committee on March 14, 2022. Sources: HB 707 (2022); SB 1158 (2022). See Wyoming's Food Freedom Act: How It Works and How It Differs From Cottage Food Laws.
- 2025: new wording for "cottage food product." SB 700, a broad FDACS bill that became Ch. 2025-22, changed the definition of a cottage food product to food that is not "time or temperature controlled for safety" or a potentially hazardous food as defined by department rule. The same law reenacted the $250,000 cap sentence without changing the amount. It took effect July 1, 2025. Sources: Ch. 2025-22, Laws of Florida, sections 47 and 89; Fla. Stat. 500.03(1)(j).
- 2026: no change to the cottage food sections. The Legislature's table of section changes for the 2026 regular and special sessions lists no change to sections 500.03, 500.12, 500.80 or 559.955. Two 2026 affordable housing laws, SB 962 (Ch. 2026-163) and CS/CS/HB 1389 (Ch. 2026-179), amended a zoning definition of "commercial use" in Fla. Stat. 125.01055 and 166.04151 that leaves out home-based businesses and cottage food operations on residential property. Neither law changed the cottage food sections. One other bill pair would have treated cottage food differently. HB 685 and SB 850 would have required folic acid in enriched grain products offered for human consumption in Florida, with an exemption for products made by cottage food operations. Both bills died March 13, 2026. Sources: Table of Section Changes, 2026 sessions; SB 962 (2026) bill page; HB 1389 (2026) bill page; HB 685 (2026) bill page; SB 850 (2026) bill page.
- 2027: no cottage food bills filed yet. As of Oct. 26, 2026, a Florida Senate bill search for the 2027 session returned no bills matching "cottage food," "homemade food" or "food freedom." Bills filed later could change that. Source: Florida Senate, 2027 bills.
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
- Keep sales records. FDACS may ask for written proof of annual gross sales, and the total includes every sales channel. Source: Fla. Stat. 500.80(1)(b). For a market-day sales log, see Selling at Farmers Markets: What to Bring and What to Ask.
- Check the buyer's state before shipping. Florida allows mail delivery, but the receiving state may have its own rules. Source: UF/IFAS Extension, FS425.
- Read the HOA documents. The home-based business law does not override condominium, cooperative or homeowners association declarations. Source: Fla. Stat. 559.955(5).
- Ask about local business taxes. A home-based business is subject only to applicable business taxes under chapter 205 in its county and city, and UF/IFAS Extension suggests contacting the local tax collector. Sources: Fla. Stat. 559.955(2)(c); UF/IFAS Extension, FS425. Ask the Florida Department of Revenue about sales tax.
- Plan for the permit before the cap. An operation nearing $250,000 in a year needs an FDACS food permit to keep selling past that amount. Source: Fla. Stat. 500.80(1)(a).
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
- Fla. Stat. 500.80, Cottage food operations
- Fla. Stat. 500.03, Definitions
- Fla. Stat. 500.12, Food permits
- Fla. Stat. 559.955, Home-based businesses
- Ch. 2011-205, Ch. 2017-32, Ch. 2021-211 and Ch. 2025-22, Laws of Florida
- HB 663 (2021) and HB 403 (2021), Florida Senate bill pages
- HB 707 (2022) and SB 1158 (2022), Florida Senate bill pages
- SB 962 (2026), HB 1389 (2026), HB 685 (2026) and SB 850 (2026), Florida Senate bill pages
- Table of Section Changes by 2026 Legislative Sessions
- FDACS, Cottage Foods
- UF/IFAS Extension, FS425, Cottage Food in Florida
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.