Florida Cottage Food: The Most Permissive Large-State Law

Florida has one of the most seller-friendly cottage food laws in the United States. The $250,000 annual gross sales cap is by far the highest cap of any state that has one, the product list is broad, no license or registration is required, and — unusually — online sales with in-state delivery are permitted.

Florida is a Tier 1 state: you can begin selling the day your labels are correct. No form to submit, no agency to notify, no home inspection. The law is designed to remove barriers for small food entrepreneurs.

$250,000 Cap: What It Actually Means

For context: a seller moving $250,000 in cottage food annually at an average transaction of $25 is completing 10,000 transactions per year — roughly 27 per day, 365 days a year. Almost no cottage food seller comes close to this ceiling. It is effectively a no-cap state for the vast majority of sellers.

What You Can Sell in Florida

Florida permits a broad range of non-TCS (non-Temperature/Time Control for Safety) foods. Florida Statutes §500.80 defines permitted cottage food products as:

  • Baked goods — cookies, cakes (no cream/custard fillings), breads, rolls, muffins, scones, brownies, biscuits, pies (non-custard)
  • Candy — fudge, pralines, brittles, hard candy, toffee, chocolate bark, caramels
  • Jams, jellies, preserves — high-sugar, high-acid only; not acidified canned vegetables
  • Granola and cereals
  • Roasted nuts and nut mixes
  • Dried herbs and spice blends
  • Popcorn and caramel corn
  • Dry baking mixes
  • Dried fruit
  • Honey (Florida also has a separate beekeeper exemption)

Florida has one of the broader permitted product lists nationally. If a product is non-TCS and not explicitly excluded, it generally qualifies.

Not permitted: Anything requiring refrigeration, home-canned low-acid vegetables, meat products, dairy products (other than baked into shelf-stable goods), juices, raw sprouts.

Online Sales in Florida — What Is Permitted

Florida explicitly permits cottage food producers to sell online and have products delivered within the state. This is one of only six states in the country where in-state online sales are legal under cottage food law.

Permitted: website orders with in-state delivery, social media orders with in-state delivery or pickup

Not permitted: interstate shipping (even within Florida's online framework, once you cross state lines you exit the state cottage food exemption)

You do not need a Class B license or any special permit for online sales in Florida — it is simply included in the standard cottage food framework.

Florida Cottage Food Label Requirements

Florida Required Disclaimer — Exact Language

"MADE IN A HOME KITCHEN. NOT INSPECTED BY THE STATE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES."

Additional required fields: your full name and home address, product name, complete ingredient list (descending by weight), net weight or net volume, allergen declaration for all 9 major allergens present.

Florida does not require a registration number on labels (since no registration is needed).

Where to Sell in Florida

  • Farmers markets — Florida has excellent markets statewide. The Union Square Green Market (Sarasota), Pinecrest Gardens Farmers Market (Miami-Dade), Winter Park Farmers Market, and dozens of others welcome cottage food vendors. Apply to each market directly.
  • Online with in-state delivery — unique to Florida; you can build a real e-commerce operation delivering within the state
  • Craft fairs and festivals
  • Direct from home

Frequently Asked Questions

  • No — Florida is a Tier 1 state. No state registration, no license, no home inspection required. Start selling as soon as your labels are compliant.
  • Yes — Florida explicitly permits online sales with in-state delivery. You can take orders through a website or social media and deliver within Florida. You cannot ship to out-of-state buyers under the cottage food law.
  • The $250,000 cap is on gross sales — total revenue before expenses. For most cottage food sellers, this ceiling is so high it is effectively no limit at all.
  • Yes — bring compliant labels, your products, and your market vendor agreement. Florida does not require proof of state registration because no registration is required.
  • Tamales contain meat, which is a TCS food. Florida's cottage food law does not include meat products, so traditional meat tamales are not permitted. Bean or cheese tamales may be a gray area — contact the Florida DACS for clarification on your specific recipe.

Official Source

Florida cottage food law: Florida Statutes §500.80. Administered by the Florida Department of Agriculture and Consumer Services (DACS).

Florida FDACS →

Informational Only: Laws vary by state and change frequently. Always verify with your state agriculture department before selling. Not legal advice.