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.
Selling Where can you sell homemade food products?
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?
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.
Limitations How will your home food business be restricted?
Labeling How do you label cottage food products?
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)
Workplace Are there any home kitchen requirements?
You can only have one stove and oven (or double oven) in your home kitchen.
Resources Where can you find more information about this law?
- Department
- Division of Food Safety
- foodinsp@FDACS.gov
- Telephone
- (850) 245-5520
- Fax
- (850) 245-5553
- Address
- 3125 Conner Blvd., Ste. B
Tallahassee, FL 32399-1650
Comments
Clarissa
What kind of permit would I need to sell my candy that buy from local stores? I want to sell candy from home, but I can deliver personally but for people that are like 30+minutes away from me I want to ship the candy to them. What kind of license or permit do I need to get?
Bryan Chalker
In Florida, is a license required to sell vanilla extract (in vodka/rum/bourbon) to friends and in farmers markets?
Rebecca
I would like to sell a dried herb mix. Do I have to list ALL of the ingredients on the packaging? It is a secret recipe and I am concerned about someone stealing my idea. Any other options for me? Thank you!
Karen O'Neal
If I make cosmetics with farm raised beeswax and plants, do they fall under the Cottage Industry Laws?
Jaimie WElch
What do I have to do if I would like to be able to home deliver my cookies as well as be able to ship them throughout Florida and possibly other states? I know this would not qualify under Cottage Food Law. Just looking for some guidance.
mable crump
Can I sell vegan gluten free potato pies? They have no dairy, egg, or animal products.
David Crabill
No, something with cooked potato in it would not be allowed.