Florida Cottage Food Law 2026, Make & Sell Up to $250K From Your Home Kitchen
What You Need to Know Right Now
Florida cottage food businesses are now limited to $250,000 in gross sales, annually. Cottage food operations do not require a license or permit from the Florida Department of Agriculture and Consumer Services (FDACS) and are not inspected by any state government entity. Here’s the truth: Florida has the highest cottage food revenue cap in the nation at $250,000 per year.
Why This Matters to You
Starting a food business from home can turn your baking hobby into a six-figure income—without commercial kitchen costs or government inspections. Florida increasing to $250,000 means you’re operating with the most generous cottage food law in America.
Bottom line: you can literally start today. No permits. No inspections. No waiting periods.
But get the labeling wrong or sell prohibited foods, and you’ll face fines from Florida DACS. Authorities can send cease and desist orders, revoke someone’s permit, or impose a fine of up to $5,000 per violation.
What You Came to Know: Florida Cottage Food Operation Rules
What Foods Can You Make at Home in Florida?
Foods manufactured under the cottage food law are limited to products that are considered a low risk for causing foodborne illness. Think dry, shelf-stable items that don’t need refrigeration.
Allowed foods include:
- Baked goods (bread, cookies, cakes, brownies, cupcakes, donuts, wedding cakes)
- Jams and jellies (high-sugar preserves only)
- Candied items (caramel corn, chocolate-covered pretzels, marshmallows, candied apples)
- Dry goods (granola, popcorn, crackers, nuts, seeds)
- Dried herbs and spices
Prohibited foods include:
- Anything requiring refrigeration for safety (cheesecakes, cream pies, buttercream frosting)
- Low-acid canned goods (pickles, salsas, ketchup, mustards)
- Fresh-cut produce or juices
- Meat products (jerky, sausages)
- Dairy products (cheese, yogurt)
- Fermented foods (kombucha, sauerkraut)
- Pet food
If it needs to be refrigerated for safety (not just quality), it’s prohibited under cottage food law.
Do You Need a License or Permit in Florida?
No. Cottage food operations do not require a license or permit from the Florida Department of Agriculture and Consumer Services (FDACS) and are not inspected by any state government entity.
Let’s break this down: you don’t need state approval to start selling. But you must still comply with labeling requirements, product restrictions, and local business tax obligations.
What Are the Sales Limits and Where Can You Sell?
A cottage food operation’s annual gross sales include all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation.
Where you CAN sell:
- Directly to consumers at your home
- Farmers markets, flea markets, roadside stands
- Online sales: Cottage food operations may sell, offer for sale, and accept payment over the internet or by mail order
- Products may be delivered in person directly to the consumer, to a specific event venue, or shipped across state lines by the United States Postal Service or commercial mail delivery service
Where you CANNOT sell:
- Cottage food products may not be sold, offered for sale, or delivered for consignment or wholesale
- Cottage food is not allowed to be sold to local restaurants or grocery stores
- Through food trucks or mobile units
- If you have a permit to sell shaved ice at an event, you cannot also sell your cottage food products
Most sites won’t tell you this, but: some venues or other direct sales markets may require vendors to have additional licensing or food protection manager’s certification—even if you legally qualify as a cottage food operation.
Florida Cottage Food Labeling Requirements
Cottage food operators may only sell allowed products that are prepackaged and labeled for individual sale. Every product must display:
- Name and physical address of your cottage food operation
- Name of the product
- Ingredients listed in descending order by weight
- Net weight or net volume
- Allergen labeling for cottage foods is specific. All cottage food products must be labeled in accordance with the United States Code of Federal Regulations Title 21, Part 101. As a cottage food operator, you must identify if any of your ingredients are made from one of the following food groups: eggs, milk, wheat, peanuts, soybeans, fish, and tree nuts
- “Made in a cottage food operation that is not subject to Florida’s food safety regulations” printed in at least 10-point type in a color that provides a clear contrast to the background of the label
Skip this step, and you’re looking at fines from Florida DACS.
What You Must Know
Common Mistakes That Trigger Violations
A cottage food operation may only sell cottage food products that it stores on the premises of the cottage food operation. You can’t make products in someone else’s kitchen or rent commercial space part-time.
If a complaint is received, the Florida Department of Agriculture and Consumer Sciences (FDACS) will investigate. Furthermore, if FDACS finds the operation is in violation, the operation may be fined.
Can You Hire Help?
No. Here’s what that actually means for you: As a Cottage Food Operator in Florida hiring employees of any type, not temporary, full-time, part-time or volunteers is not allowed. This means you must do all of the work yourself, and deliver it yourself.
Liability and Insurance Considerations
You’re personally liable for any foodborne illness or injury caused by your products. Producers can also face civil lawsuits from customers if they lie about what is in the food products or if they are mislabeled.
Consider purchasing product liability insurance—it’s not required, but lawsuits can destroy your business and personal finances.
County and Local Requirements
The regulation of cottage food operations is preempted to the state. A local law, ordinance, or regulation may not prohibit a cottage food operation or regulate the preparation, processing, storage, or sale of cottage food products by a cottage food operation.
However, you must still comply with county business tax accounts, zoning regulations, traffic rules, and noise ordinances.
What to Do Next
Start Your Cottage Food Operation This Week
Pick one allowed product. Create compliant labels using the exact disclaimer language. Start selling at your local farmers market this weekend.
Track Your Sales to Stay Under $250K
A cottage food operation must provide the department, upon request, with written documentation to verify the operation’s annual gross sales. Keep invoices, receipts, and sales records organized from day one.
Understand When to Transition to Commercial
If you approach $250,000 in annual sales, you must obtain a food establishment permit under Florida Statute 500.12 and transition to a commercial kitchen. Plan ahead—don’t wait until December.
💡 Pro Tip: Document every batch you make with dates, ingredients used, and batch numbers. If Florida DACS investigates a complaint about your products, detailed production records prove you followed proper food safety practices and can significantly reduce or eliminate fines.
Frequently Asked Questions
Can I use home-canned ingredients in my baked goods?
No. Home-canned products cannot be used. Commercially processed canned fillings such as canned pumpkin must be used.
Can I sell pumpkin butter or pie fillings?
No. Pumpkin butter is considered a potentially hazardous food because it is a low-acid food that may support the growth of harmful bacteria and cause a foodborne illness.
Do I need food safety certification?
No, Florida doesn’t require training. But customers trust certified operators more—and it protects you from liability claims.
Can I sell cottage foods at my retail store?
If you own a retail store, you cannot sell your cottage food products from the store. Cottage food operations must operate from your home residence.
What’s the penalty for violating cottage food law?
Authorities can send cease and desist orders, revoke someone’s permit, or impose a fine of up to $5,000 per violation. If a producer mislabels the country of origin of any food product being sold, they face an even more significant fine of $10,000 per violation.
Can I ship products out of state?
Products may be delivered in person directly to the consumer, to a specific event venue, or shipped across state lines by the United States Postal Service or commercial mail delivery service. Yes, interstate shipping is allowed under Florida law.
Can I use homegrown fruits in my baked goods?
Yes. You should take care to thoroughly wash the homegrown produce and the fruits or vegetables must be incorporated into the batter and properly baked, labeled and packaged.
Take Action
Verify your products comply with Florida cottage food law before your first sale. For official guidance, visit the Florida Department of Agriculture and Consumer Services Cottage Food page or review Florida Statutes Chapter 500.80.
Need help protecting your home-based business assets? Learn about How To Structure An LLC To Avoid Probate for safeguarding your cottage food operation.
Last Updated: February 7, 2026
This article provides general legal information and is not legal advice. For specific food business questions, consult the Florida Department of Agriculture and Consumer Services or a qualified business attorney.
Stay informed, stay protected. — AllAboutLawyer.com
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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