Florida Can you legally sell food from home in Florida?

Cottage Food Law

Florida’s cottage food law has improved significantly over time. After passing their first law (HB 7209) in 2011, they have passed three amendments: in 2017 they passed HB 1233, and in 2021 they passed HB 663 & HB 403.

Florida now has a good cottage food law, especially since it is very easy for a producer to start selling: no license, inspection, or training from the ag department is required. Producers can sell up to $250,000 of nonperishable products per year.

The biggest downside to Florida’s law is that it does not allow indirect sales. Producers must sell directly to the end customer, so they cannot sell wholesale, such as through grocery stores, coffee shops, etc.

Table of Contents

Selling Allowed Foods Limitations Labeling Workplace Resources Forum

Selling Where can you sell homemade food products?

Allowed Venues

Events Farmers markets Home Online Roadside stands

Allowed Services

Delivery Home Pickup Mail order

Prohibited Venues

Restaurants Retail stores

Prohibited Services

Catering Wholesale

Cottage food products cannot be sold along with non-cottage food items. For instance, if you have a permit to sell shaved ice at an event, you cannot also sell your cottage food products. Also, if you own a retail store, you cannot sell your cottage food products from the store.

Allowed Foods What food products can you sell from home?

Prohibited Foods

Perishable baked goods Buttercream frosting Acidified foods Low-acid canned foods Pickles Salsas Syrups Fermented foods Chutneys Sauces Ketchup Mustards Oils Juices Carbonated drinks Kombucha Meat jerkies Pet food

There are probably more prohibited foods, but the ones above have been confirmed

Homegrown produce can be used in your products, but home canned products cannot be used as an ingredient in your cottage food items. If you want to preserve homegrown produce for use at a later date, you can freeze it.

Honey is only allowed if you harvest and package the honey yourself.

There is an exemption for selling cooked (parched, roasted, or boiled) legumes (like boiled peanuts), boiled sugar cane, and sorghum syrup. Selling these items neither falls under the cottage food law nor requires a permit from the health department, but preparation of these items may still be done in a home kitchen within the state.

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations How will your home food business be restricted?

Limitations

Commercial equipment prohibited Commercial kitchen prohibited Direct sales only Primary residence Sales limit

There may be more limitations, but the ones above have been confirmed

Sales are limited to $250,000 per year

Labeling How do you label cottage food products?

Label Requirements

Allergens Business address Business name Ingredients Net amount Product name Statement

Sample Label

Chocolate Chip Cookies

"Made in a cottage food operation that is not subject to Florida's food safety regulations" (10-point type)

Forrager Cookie Company

123 Chewy Way, Cookietown, FL 73531

Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)

Contains: milk, eggs, wheat, soy

NET WT 2 lb 4 oz (1.02 kg)