Florida Cottage Food Laws: Start Your Home Bakery Legally in 2026

Florida is widely considered one of the most friendly states in the U.S. for home-based food entrepreneurs. Whether you are a hobbyist baker looking to monetize your sourdough or a specialized chocolatier dreaming of a full-scale brand, the Florida cottage food laws provide a robust legal framework to start your business with zero upfront licensing fees.

As of 2026, the Florida cottage food landscape remains defined by the landmark "Home Sweet Home Act" passed in 2021, which significantly expanded the rights of home cooks. This guide provides a comprehensive deep dive into Florida Statute 500.80, the governing legislation for cottage food operations, ensuring you stay compliant while growing your business.

What is a Florida Cottage Food Operation?

Under Florida law, a cottage food operation is defined as a person who produces or packages cottage food products at their residence and sells those products in accordance with Section 500.80 of the Florida Statutes.

The magic of this law lies in its exemptions. In most food business scenarios, you would need a food permit, a commercial kitchen, and regular inspections from the Florida Department of Agriculture and Consumer Services (FDACS). However, cottage food operations are exempt from these requirements, provided they follow specific rules regarding the types of food sold, how they are labeled, and where they are sold.

The $250,000 Sales Limit

One of the most attractive features of Florida's law is the annual gross sales limit. Florida allows cottage food operations to earn up to $250,000 per year in gross sales. This is one of the highest limits in the nation, making it possible to run a substantial business entirely from your home kitchen.

The Allowed Foods List: What Can You Sell?

Florida's law is based on a "non-potentially hazardous" food model. This means you can only sell foods that do not require refrigeration to stay safe (time/temperature control for safety).

Approved Cottage Food Products

According to FDACS, the following items are generally approved for sale:

1. Baked Goods: This includes breads, biscuits, rolls, cakes, cookies, and pastries. Note that these must not contain meat or "potentially hazardous" fillings like cream, custard, or meat.
2. Candies and Confections: Hard candies, chocolate-covered nuts, fudges, and caramels.
3. Honey: Florida honey producers can operate under cottage food laws, though there are specific honey-only regulations for larger producers.
4. Jams, Jellies, and Preserves: Made from high-acid fruits.
5. Fruit Butters: Such as apple or pumpkin butter (provided they are shelf-stable).
6. Dry Herbs and Seasonings: Including dry tea blends and spice mixes.
7. Pasta: Dried pasta (not fresh).
8. Vinegars: Including flavored vinegars.
9. Popcorn: Including flavored popcorn and popcorn balls.
10. Nuts: Both plain and chocolate/sugar-coated.

Prohibited Foods (The "No" List)

If it needs a refrigerator or is high-moisture/low-acid, it is likely prohibited. Specifically, you cannot sell:

• Salsa, barbecue sauce, or ketchup.
• Pickled vegetables or "canned" items that aren't jams/jellies.
• Pesto or hummus.
• Beverages (coffee, tea, juice).
• Fresh meats, poultry, or jerky.
• Raw seed sprouts.
• Cheesecakes or pies with custard/meringue.

Labeling Requirements: The 6 Essential Elements

In Florida, your label is your "contract" with the consumer. Since you aren't inspected, the label must provide transparency. Every single package of cottage food must have a label affixed that contains the following information in English:

1. Name and Address: The physical address of the cottage food operation (not a P.O. Box).
2. Name of Product: The common or usual name of the food (e.g., "Sea Salt Chocolate Chip Cookies").
3. Ingredients: Listed in descending order of predominance by weight. This means the heaviest ingredient goes first.
4. Net Weight or Volume: Use standard U.S. units (ounces, pounds, or fluid ounces).
5. Allergen Information: You must identify if the food contains any of the "Big 9" allergens: Milk, Eggs, Fish, Crustacean Shellfish, Tree Nuts, Peanuts, Wheat, Soybeans, and Sesame.
6. The Mandatory Statement: You must include the exact wording: "Made in a cottage food operation that is not subject to Florida's food safety regulations."

Pro-tip: The mandatory statement must be clear and legible. Many bakers use a minimum 10-point font for this specific phrase.

Sales Venues: Where Can You Sell?

Florida law is very specific about how you exchange your goods for money. The core principle is Direct-to-Consumer Sales.

Where You CAN Sell:

• From Your Home: Customers can pick up orders at your residence.
• Farmers Markets and Flea Markets: You can have a booth and sell directly to the public.
• Roadside Stands: Temporary stands on your property or approved locations.
• Internet and Mail Order: Since the 2021 update, you can fully utilize your website to take orders, accept payments, and ship products via mail (within the state of Florida).

Where You CANNOT Sell (Wholesale Prohibitions):

• Retail Stores: You cannot sell your cookies to a local boutique for them to resell.
• Grocery Stores: Your products cannot sit on a shelf at Publix or Whole Foods.
• Restaurants: You cannot sell bread to a cafe to be used in their sandwiches.
• Third-Party Delivery: You cannot use apps like UberEats or DoorDash to deliver cottage food, as this constitutes an intermediate step in the sales process.

Food Safety Training: Is It Required?

Technically, Florida Statute 500.80 does not require a cottage food operator to hold a food manager's certification or take a specific food safety course.

However, while not legally mandated for the exemption, the state still holds you liable for the safety of your food. Under the Florida Food Safety Act, it is illegal to sell "adulterated" food. If a customer gets sick, you are legally responsible.

Recommended Training: We highly recommend completing a basic Food Handler or ServSafe course. It teaches you about cross-contamination, proper handwashing techniques, and the science of "danger zones" for bacteria. This knowledge isn't just for compliance; it's for protecting your customers and your business reputation.

The Home Sweet Home Act and Local Preemption

Before 2021, many Florida bakers were frustrated by "patchwork" local laws. A city might allow cottage food, but a county might ban it. The Home Sweet Home Act (HB 403) changed this by creating Statewide Preemption.

This means that local governments (cities and counties) cannot prohibit a cottage food operation or require a local business license specifically for cottage food. They also cannot regulate the "how" or "where" of your operation beyond standard residential zoning rules that apply to all home businesses (like noise or traffic).

Compliance Checklist for 2026

If you're ready to start, follow this 10-step checklist to ensure you are fully legal:

1. Verify Your Residence: Ensure you are cooking in a single-family domestic residence (no commercial kitchens allowed for this exemption).
2. Check the Food List: Ensure your recipe is on the "Approved" list and does not require refrigeration.
3. Standardize Recipes: Document your ingredients by weight for accurate labeling.
4. Design Your Labels: Include all 6 required elements, including the mandatory safety statement.
5. Set Up Storage: Designate a clean, dry area in your home (not the garage) for ingredients and finished products.
6. Set Up Your Website: If selling online, ensure you can handle payments and verify that you only ship within Florida.
7. Track Your Sales: Keep a ledger of gross sales to ensure you don't exceed the $250,000 limit.
8. Check Local Zoning: While they can't ban you, they can regulate signs in your yard or excessive customer traffic.
9. Consider Insurance: While not required, "Cottage Food Insurance" or "Product Liability Insurance" is highly recommended.
10. Stay Informed: Bookmark the FDACS Cottage Food Page for any mid-year regulatory updates.

Frequently Asked Questions (FAQ)

1. Do I need to register my business with the state of Florida?

No. Florida does not require cottage food operations to register with FDACS or obtain a permit. You are legally allowed to start selling as soon as you meet the labeling and product requirements.

2. Can I sell my cottage food products to a local coffee shop?

No. This is considered wholesale, which is strictly prohibited. Cottage food must be sold directly to the end consumer. You cannot sell to any business that intends to resell your product.

3. Is there an inspection of my home kitchen?

Generally, no. FDACS does not perform routine inspections of cottage food kitchens. However, if a consumer files a complaint or if there is a suspected foodborne illness outbreak, the state has the authority to inspect.

4. Can I use a separate building on my property, like a shed, for my bakery?

No. Florida law requires cottage food to be produced and stored within the "single-family domestic residence." This excludes garages, sheds, barns, or any other outbuildings.

5. Can I hire employees for my cottage food business?

Yes. You may have business partners and employees. However, the food must still be produced in your primary domestic residence, and you must still follow all direct-to-consumer sales rules.

Conclusion

Starting a home bakery in Florida is an incredible opportunity for culinary entrepreneurs. With a $250,000 sales cap and a relatively simple set of labeling rules, the barrier to entry is lower than almost anywhere else in the country. By focusing on high-quality, non-perishable goods and maintaining meticulous labeling standards, you can build a thriving brand from the heart of your home.

For more information, visit the official Florida Department of Agriculture and Consumer Services (FDACS) website and review Florida Statute 500.80.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult with a legal professional or FDACS directly for specific compliance questions regarding your business.