Florida Cottage Food Law 2026: Rules, Limits and Labels

Florida lets people make certain low-risk foods in their home kitchens and sell them directly to customers without a state food permit. This guide covers what you can sell, sales limits, where you can sell, labeling and when you need a permit instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local rules, HOA covenants and tax obligations vary. Confirm current requirements with FDACS at 1-800-HELP-FLA (435-7352) or [email protected], or with an attorney, before you start selling.

Quick facts

No state food permit is required if annual gross sales of cottage food products stay at or below $250,000. Effective July 1, 2021 (Ch. 2021-211, HB 663). Fla. Stat. 500.80(1)
Sales may happen in person, online or by mail order, with delivery in person, to an event venue or by U.S. Mail or a commercial carrier. Effective July 1, 2021. Fla. Stat. 500.80(2)
Shipping is covered within Florida only. Check before selling across state lines.
Wholesale sales are not allowed. Fla. Stat. 500.80(2)
Every product must be prepackaged and labeled. Fla. Stat. 500.80(3)
Cities and counties may not ban cottage food operations or regulate how cottage foods are made, stored or sold. Effective July 1, 2021. Fla. Stat. 500.80(6)

What the law calls it

Florida law uses the term "cottage food operation." People also search for "home bakery," "home-based food business," "homemade food" and "cottage bakery." These are everyday names, not legal categories. A home bakery in Florida is legal without a state permit only if it follows the cottage food rules on this page.
A cottage food operation is a person, or a business entity, that makes or packages cottage food products at the residence of that person or of a person with an ownership interest in the entity. Fla. Stat. 500.03(1)(i)
A cottage food product is food that does not need time or temperature control for safety and is not a potentially hazardous food under state rules. The "time or temperature controlled for safety" wording was added by Ch. 2025-22, effective July 1, 2025. Fla. Stat. 500.03(1)(j)

Foods you can sell

The Florida Department of Agriculture and Consumer Services, or FDACS, lists these approved cottage food products: 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; and popcorn and popcorn balls. FDACS Cottage Foods

Foods you cannot sell

Any food that needs refrigeration or other time or temperature control for safety is not a cottage food product. Fla. Stat. 500.03(1)(j)
Foods that usually need refrigeration, such as meat, dairy, cheesecake, cream or custard fillings and cream cheese frosting, generally do not qualify. Confirm any item not on the FDACS-approved list with FDACS before selling it. Fla. Stat. 500.03(1)(j)

Sales limit

Annual gross sales of cottage food products may not exceed $250,000. Effective July 1, 2021; the earlier cap was $50,000 (Ch. 2017-32, effective July 1, 2017) and before that $15,000 (Ch. 2011-205, effective July 1, 2011). Fla. Stat. 500.80(1)(a); HB 663 (2021)
The cap counts all cottage food sales at every location, no matter what products are sold or how many people are involved. FDACS may ask for written proof of gross sales. Fla. Stat. 500.80(1)(b)

Where and how you can sell

Direct to consumers, in person, at farmers markets, at events or from home, subject to home-business rules. FDACS Cottage Foods
Online or by mail order, with delivery in person, to a specific event venue or by U.S. Mail or a commercial carrier. Effective July 1, 2021. Fla. Stat. 500.80(2)
Not wholesale: no selling to stores, restaurants, coffee shops or distributors for resale. Fla. Stat. 500.80(2)
You may sell only products you store at your cottage food operation's premises. Fla. Stat. 500.80(4)
Free samples are allowed if they are prepackaged. FDACS Cottage Foods

Labeling rules

Each product must be prepackaged with a label that lists: (1) the name and address of the cottage food operation; (2) the product name; (3) ingredients in descending order of predominance by weight; (4) net weight or net volume; (5) allergen information as required by federal labeling rules; and (6) nutrition information if the label makes a nutrition claim. Fla. Stat. 500.80(3)
The label must also carry this statement in at least 10-point type, in a color that contrasts clearly with the background: "Made in a cottage food operation that is not subject to Florida's food safety regulations." Fla. Stat. 500.80(3)(g)

Zoning, HOAs and local rules

Local governments may not prohibit a cottage food operation or regulate the preparation, processing, storage or sale of cottage food products. Effective July 1, 2021. Fla. Stat. 500.80(6)
A cottage food operation must still meet Florida's home-based business conditions, effective July 1, 2021 (Ch. 2021-202, HB 403). Those include: no more than two nonresident employees or contractors working at the home; business parking no greater than a similar home would normally need; a residential look from the street; no retail sales in a structure other than the home; and the business must be secondary to the home's use as a residence. Fla. Stat. 559.955
State preemption does not override HOA, condominium or co-op rules. A homeowners association may still restrict home businesses through its declaration. Check your governing documents. Fla. Stat. 559.955(5)
Cottage food operations are not exempt from tax laws. Ask your city and county tax collector about a local business tax receipt and the Florida Department of Revenue about sales tax. Fla. Stat. 500.80(5)

Inspections and complaints

FDACS may investigate complaints. It may enter and inspect a cottage food operation only after receiving a complaint. Refusing entry can lead to disciplinary action. Fla. Stat. 500.80(7)

When you need a permit instead

You need an FDACS food permit, which typically requires a commercial kitchen, if you: sell more than $250,000 a year; sell wholesale; make foods that need refrigeration or other time or temperature control; or produce outside your residence. Fla. Stat. 500.80; Fla. Stat. 500.12
Businesses already operating under a food permit cannot also operate under the cottage food exemption. Fla. Stat. 500.80(8)

Recent changes and effective dates

July 1, 2011: Florida's cottage food law takes effect. Original sales cap: $15,000. Ch. 2011-205
July 1, 2017: Sales cap raised to $50,000. Ch. 2017-32
July 1, 2021: HB 663 (Ch. 2021-211) raises the cap to $250,000, allows mail and shipped delivery, preempts local regulation and ties cottage food operations to the home-based business law. HB 663 bill history
July 1, 2021: HB 403 (Ch. 2021-202) creates the home-based business law, Fla. Stat. 559.955. HB 403 bill history
July 1, 2025: SB 700 (Ch. 2025-22), a broad agriculture bill, amends the definition of cottage food product in section 500.03(1)(j) to cover food that is not "time or temperature controlled for safety" or potentially hazardous. It reenacts section 500.80(1)(a) without changing the $250,000 cap. Ch. 2025-22

Frequently asked questions

Do I need a permit to sell baked goods from home in Florida?

No state food permit is needed if you follow the cottage food law and your annual gross sales of cottage food products stay at or below $250,000. You may still need a local business tax receipt and must collect sales tax when it applies.

Is a home bakery legal in Florida?

Yes. A home bakery can operate as a cottage food operation without a state food permit if it sells only approved non-perishable foods, labels every product and stays under the sales cap.

What is the sales limit for cottage food in Florida?

$250,000 in annual gross sales of cottage food products, effective July 1, 2021. The limit counts all locations and everyone involved in the operation.

Can I ship cottage foods in Florida?

Yes, within Florida. Since July 1, 2021, you may sell online or by mail order and deliver by U.S. Mail or a commercial carrier. Florida's law covers sales within Florida. It does not authorize sales into other states, where the receiving state's rules apply. Ask FDACS before shipping out of state.

Can I sell cottage foods to stores, cafes or restaurants?

No. Florida cottage food law does not allow wholesale sales. Selling to a business for resale requires a food permit.

Can I sell cheesecake, cream pies or cream cheese frosting?

Generally no. Foods that need refrigeration or other time or temperature control for safety are not cottage food products.

What must be on a Florida cottage food label?

Business name and address, product name, ingredients by weight, net weight or volume, allergens, nutrition facts if you make a nutrition claim and the required statement "Made in a cottage food operation that is not subject to Florida's food safety regulations" in at least 10-point type.

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. You must still follow the home-based business conditions in Fla. Stat. 559.955.

Can my HOA stop me from running a cottage food business?

Possibly. The home-based business law does not override HOA, condominium or co-op governing documents. Review your declaration and rules.

Will the state inspect my kitchen?

Only if FDACS receives a complaint. Then an authorized officer may inspect your premises, and refusing entry can lead to disciplinary action.

Can I give out free samples?

Yes, according to FDACS, as long as the samples are prepackaged.

Official sources

This page is general information, not legal advice. Laws change, and local rules, HOA covenants and tax obligations vary. Confirm current requirements with FDACS at 1-800-HELP-FLA (435-7352) or [email protected], or with an attorney, before you start selling.

Florida Cottage Food Laws