Florida Cottage Food Law: A 2026 Guide for Home Bakers and Makers

Florida has one of the most permissive cottage food laws in the country. No state permit, no inspection, no food safety training requirement. You can start selling tomorrow if your products, labels, and sales channel all comply with Florida Statute § 500.80. Here's what that actually requires.

What Florida law covers

Florida Statute § 500.80 creates the cottage food exemption. It lets individuals sell specific non-potentially hazardous foods made in a home kitchen directly to consumers, without obtaining a license from the Florida Department of Agriculture and Consumer Services (FDACS). The full text of the statute is published at leg.state.fl.us.

The exemption comes with a $250,000 gross annual sales cap. That's not a typo, it genuinely is a quarter million dollars. For most home producers, it's effectively uncapped for years.

What you can sell

Florida's allowed list sticks to non-potentially hazardous foods, meaning anything that's shelf-stable at room temperature.

Allowed:

• Breads, rolls, biscuits, and muffins
• Cookies, cakes (no cream or custard filling), brownies
• Fruit pies (double-crust, high-acid fruit fillings)
• Jams, jellies, fruit butters, preserves
• Dried fruit, dried herbs, and spice mixes
• Granola, trail mix, caramel corn
• Roasted nuts and nut butters (explicitly permitted under § 500.80)
• Hard candy, fudge, chocolate-covered items
• Honey and baking mixes

Not allowed:

• Any food requiring refrigeration
• Cream cheese frosting or custard fillings
• Cheesecakes or cream pies
• Meat, poultry, or seafood products
• Fresh eggs or fresh-cut produce
• Pumpkin butter (moisture content triggers the refrigeration rule)
• Kombucha and fermented beverages
• Cannabis-infused products

The refrigeration line is the clearest test. If your finished product needs to go in the fridge, it doesn't belong in a cottage food operation.

Labeling requirements

Florida's label rules are straightforward, but the disclaimer language is strict. The statute requires specific wording that you can't paraphrase.

Every product label must include, under § 500.80(3):

1. Product name (common name, like "Blueberry Muffins" or "Strawberry Jam")
2. Ingredients in descending order by weight
3. Allergen statement for the Big 9: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame
4. Net weight or volume
5. Your name and complete home address
6. The exact disclaimer, in at least 10-point font:

"Made in a cottage food operation that is not subject to Florida's food safety regulations."

Print that phrase exactly. Don't shorten it. Don't reword it. Inspectors and market managers check for this specific language, and a paraphrase won't satisfy the requirement.

A practical tip: design your label so the disclaimer has its own line or text block. It needs to be readable, not buried in a wall of small print.

Where you can sell

Florida cottage food sellers have wide latitude on sales channels:

• Home pickup: Buyers come to you directly
• Farmers markets, flea markets, craft fairs, and community events: All permitted
• Roadside stands and pop-ups: Allowed
• Direct delivery: You can deliver to buyers within Florida
• Online within Florida: Your website, social media, and platforms like Etsy are all fair game for in-state buyers and in-state shipping

The firm limit is wholesale. You cannot sell to grocery stores, restaurants, or any retail location. All sales must be direct to the consumer. If you want to supply local cafes or shops, you'd need to move to a licensed commercial facility.

Out-of-state shipping is also off the table. Once a product crosses state lines, it becomes interstate commerce under FDA jurisdiction, and cottage food law doesn't cover that.

Local business licenses

Florida state law requires nothing. But your city or county might. Miami, Tampa, Orlando, and many other municipalities require a local business tax receipt, which typically costs $25 to $100 per year. Call your city clerk's office before your first sale to check if a local receipt is needed. It's a minor step, but it's worth confirming.

Sales tax

Most cottage food products sold as pre-packaged grocery items are exempt from Florida sales tax. If you sell anything that might be considered a prepared food for immediate consumption (like a fresh cookie from a booth where customers eat it on the spot), the tax classification can get murky. Register with the Florida Department of Revenue at floridarevenue.com for free, and confirm how your specific products are classified.

Managing preorders and local pickup

Florida's permissive law means many home producers run steady volume, especially during farmers market season and the holidays. Managing preorders, batch sizes, and buyer communication over Instagram DMs or spreadsheets gets old fast. Hobby Stall gives you a branded storefront where buyers claim items during a set window, pay you directly via Venmo or Cash App, and get pickup reminders automatically. No commission on orders. See how it works or start your shop.

This post is general information, not legal advice. Verify current requirements with the Florida Department of Agriculture and Consumer Services and your local city or county before launching your cottage food operation.