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Florida

Selling out of front yard?

This topic contains 1 reply, has 2 voices, and was last updated by  Cottage Oven 3 months, 2 weeks ago.

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  • July 29, 2024 at 2:26 am #134047

    Levi
    Participant

    I have a great location and I was wanting to sell out of my front yard. Specifically I’m wanting to sell cooked peanuts, which look like they’re an item that’s allowed under cottage laws. However I have some questions.

    1. Can I sell out of my front yard? The food would be made in my house, but I’d like to have the stands where I sell in my front yard. Though I’m also curious if I can make them outside as long as it’s on my property?

    2. Can I sell products that’re retail food products alongside my own homemade food? For example can I sell Reese’s candy bars and cans of Coke along with my peanuts?

    3. Assuming the answer to 2 is no- if I go a more traditional business route instead of cottage, do I need a commercial kitchen for peanuts? How about for reselling already packaged goods (like Reese’s or Coke?)

    • This topic was modified 3 months, 3 weeks ago by  Levi.
    August 7, 2024 at 5:11 am #134619

    Cottage Oven
    Moderator

    1. You ARE allowed to sell from your residence. Whether a stand in your yard would be okay or not is something you should check with your county or municipality zoning and/or your HOA.
    2. Since those other items are not things that you produced under the cottage-food law, you may need to check with your county or municipality because the sale of those items could constitute regular retail sales that may be regulated differently. You would also probably be required to collect and pay sales tax to the FL Dept. of Revenue for those items (but not for your cottage food unless it is candy). Also, if any other items that you sell require any kind of food license, then you cannot sell the cottage food at the same location. In that case, you would have to use a commercial kitchen for your peanuts.
    3. Aside from the above, if the process of selling the other items causes your stands to be considered retail stores, then they would probably no longer be considered cottage-food locations and you would not be able to see the peanuts there without a license and a commercial kitchen.

    In addition to contacting your county, municipality and HOA, it would be a good idea to run all of this by the Florida Department of Agriculture and Consumer Services (FDACS) at (850) 245-5520. They’ve always been very helpful to me when I had questions about cottage food.

    Good luck.

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