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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.

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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.

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?

Sales are limited to $250,000 per year

Labeling How do you label cottage food products?

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)


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
Department of Agriculture and Consumer Services
Contacts
Department
Division of Food Safety
Email
foodinsp@FDACS.gov
Telephone
(850) 245-5520
Fax
(850) 245-5553
Address
3125 Conner Blvd., Ste. B
Tallahassee, FL 32399-1650
Law Dates
July 2011
HB 7209
July 2017
HB 1233
July 2021
HB 663
July 2021
HB 403

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