Florida Cottage Food Law (2026): No Permit, $250,000 Cap, Strict Labels

Florida is one of the easiest states to start a home food business in. There's no license, no permit, and no routine inspection. Local governments can't add their own rules. The trade-off is a narrow list of allowed foods and a firm labeling requirement in Section 500.80 of the Florida Statutes.

The essentials

• Sales cap: $250,000 in annual gross sales of cottage food products. This counts all sales at every location, however many people are involved. The Florida Department of Agriculture and Consumer Services (FDACS) can ask for written proof of your sales.
• Permit: none. FDACS says cottage food operations aren't licensed, permitted, or inspected by any state agency.
• Inspections: only after a complaint. Refusing entry after a complaint can lead to disciplinary action.
• Local rules: regulation of cottage food is preempted to the state. A city or county can't ban or regulate your production or sales. You still have to follow Florida's general home-based business rules (s. 559.955).

Where and how you can sell

You can sell, take orders, and accept payment online or by mail order. Florida's statute allows three delivery methods:

1. In person, directly to the consumer
2. To a specific event venue, such as a wedding or birthday party
3. By U.S. Postal Service or a commercial mail delivery service

You cannot sell or deliver at wholesale, so stores and cafés can't resell your products. Products must be stored at the cottage food operation's premises.

The statute doesn't limit mail delivery to Florida addresses, and the Institute for Justice reads it as allowing out-of-state mail orders. Before you ship across state lines, check whether the destination state or federal rules apply to your product.

Allowed foods

Only foods that don't need time or temperature control for safety (non-TCS). FDACS and the Institute for Justice list examples such as breads, rolls, biscuits, cakes, pastries, cookies, candies, honey, jams and jellies, fruit pies, dried fruit, dry herbs and seasonings, homemade pasta, cereals and granola, nuts, vinegar, and popcorn. Anything that needs refrigeration is out, including cream-filled pastries, cheesecakes, and cut produce.

The Florida cottage food label

Florida only allows prepackaged cottage food with a label affixed. Under s. 500.80(3), the label must show:

- The name and address of the cottage food operation - The name of the product - Ingredients in descending order of predominance by weight - Net weight or net volume - Allergen information as federal labeling requires - If you make any nutritional claim, nutrition information as federal labeling requires - This statement, in at least 10-point type, in a color that clearly contrasts with the label background: "Made in a cottage food operation that is not subject to Florida's food safety regulations."

FDACS also points producers to federal labeling rules in 21 CFR Part 101.

Nutrition Facts in Florida

Florida is one of the few states that writes the trigger into the cottage food statute itself. If you make a nutritional claim, such as "low fat", "high fiber", or "only 90 calories", you must add nutrition information that meets federal rules. For a single cookie or a small bag, the linear format for small packages can save space. For a loaf or a jar, the standard vertical format is usually right.

Official source

FDACS — Cottage Food Operations (PDF) and Florida Statutes s. 500.80.