Cottage Food Laws in Florida (2026): Complete Guide for Home Bakers

Florida is one of the most beginner-friendly states in the country for cottage bakers. No permit. No inspection. No registration with the state. The highest revenue cap of any state that requires one. You can literally decide today you want to sell baked goods and be legally operating by the end of the week — as long as your products and labels meet the requirements.

This guide covers what you can sell, where, whether you can ship, what wholesale looks like (short answer: it does not exist in Florida), and what the rules actually mean for your baking business.

Official sources: Florida Department of Agriculture and Consumer Services — Cottage Foods and Florida Statute §500.80

no permit, no inspection, no problem

This is the first thing Florida cottage bakers need to know: you do not need a license or permit from the Florida Department of Agriculture and Consumer Services (FDACS). You are not inspected by any state government entity before you start selling.

The trade-off is that there is no official registration number or certification to show customers. Your label is your proof of compliance.

If a complaint is ever filed against you, FDACS can investigate and enter your premises. Keep your kitchen clean, your labels accurate, and your records organized, and you should never have a problem.

Source: Florida Statute §500.80

revenue cap

This is gross sales, meaning total revenue before expenses. Keep records of every sale so you know where you stand. If you exceed the cap, you are required to obtain a food permit and operate as a licensed food establishment.

what you can sell

Florida allows any food that is considered "non-potentially hazardous" — meaning shelf-stable products that do not require refrigeration to be safe. There is no official state-maintained approved list the way California has one. The standard is whether the food requires time or temperature control for safety.

Here is what is generally allowed:

• Baked goods — breads, rolls, cookies, cakes, cupcakes, muffins, brownies, scones, tortillas, biscuits, donuts, macarons, cake pops, waffles, pizzelles, wedding cakes
• Candy and confections — fudge, brittle, toffee, caramel corn, kettle corn, popcorn, chocolate-covered items, marshmallows
• Granola and trail mix
• Nuts and seeds (roasted)
• Dried fruit
• Jams, jellies, and preserves — made from fruit, not from low-acid vegetables
• Honey and vinegar
• Dry herbs, spice blends, and seasoning mixes
• Dry pasta
• Nut butters

A good rule of thumb: if you can leave it on a counter for a few days without it going bad, it probably qualifies. If it needs to go in the fridge, it probably does not.

Note: eggs, milk, and dairy as standalone products are not allowed. But using them as ingredients in baked goods — butter in a cookie, eggs in a cake — is completely fine. The final baked product is what matters.

Source: University of Florida IFAS Extension — Cottage Food in Florida

what you cannot sell

Florida prohibits anything that requires refrigeration or temperature control to be safe. Specifically:

• Anything requiring refrigeration — cream cheese frosting, custard fillings, cream pies, meringue pies, cheesecakes
• Meat and poultry products
• Seafood
• Fresh eggs, fresh milk, and dairy products as standalone items
• Cut fresh fruits and vegetables
• Fresh-squeezed juices
• Acidified foods — salsas, chutneys, pickles, ketchup, mustard (these require controlled processing)
• Low-acid canned goods
• Pumpkin butter — specifically called out by FDACS as a potentially hazardous food
• Fermented beverages — kombucha, kefir
• Flavored syrups and infused oils
• CBD or cannabis-infused products
• Pet food

If you are ever unsure about a specific product, contact FDACS at 850-245-5520.

alternatives for common restricted items

where you can sell

Florida is broad on sales venues. You can sell from:

• Your home — direct pickup, by appointment, porch sales
• Farmers markets — one of the most common venues
• Flea markets
• Roadside stands — including a porch stand or farm stand on your property
• Pop-up markets and community events
• Online — with delivery or in-state shipping

One important restriction: you cannot sell cottage food products at a space that also has a licensed food establishment. If you have a flea market booth and a neighbor is selling hot food requiring a food permit, your cottage food products cannot be sold in the same designated space. Keep your area clearly separate.

You also cannot sell cottage foods from a licensed retail store. If you own a small boutique, for example, you cannot stock your cottage food products there under the cottage food exemption.

Source: Forrager — Florida Cottage Food Law

porch stands and farm stands

Yes, absolutely. Selling directly from your home or property is explicitly allowed. A porch stand, a table in your driveway, a farm stand at the end of your road — all of this counts as direct-to-consumer sales and is permitted.

Florida state law preempts local ordinances from prohibiting cottage food operations. A city or county cannot pass a law banning you from operating from your home. They can regulate traffic, parking, noise, signage, and hours — but not the operation itself.

One caveat: HOA rules are a different matter. The cottage food law does not override your HOA agreement.

online sales and shipping

This is where Florida gets interesting — and where there is some genuine confusion online, so let's be clear.

Florida's statute (§500.80) says: cottage food operations may sell, accept payment, and deliver products via USPS or commercial mail delivery service.

Florida is one of fewer than half of US states that allows any form of shipping under cottage food law, and you can run a legitimate online baking business that ships anywhere in the state.

Source: Florida Statute §500.80 — Florida Senate, University of Florida IFAS Extension

wholesale: not allowed in florida

This is the biggest limitation of Florida's cottage food law, and it is worth being direct about it.

Florida does not allow wholesale. You cannot sell your cottage food products to a grocery store, coffee shop, restaurant, caterer, or any retail establishment. Every sale must be direct from you to the final consumer.

That means no consignment arrangements, no selling through a third-party vendor, no supplying a local cafe with your cookies.

If you want to sell wholesale in Florida, you need to operate out of a licensed commercial kitchen under a food permit. That is a separate and more regulated category.

Source: Florida Statute §500.80

labeling requirements

Every product you sell must be prepackaged and labeled before it is sold. Selling unwrapped cookies from a basket at a farmers market does not comply with the law.

Your label must include all of the following:

• Your name and physical address (not a P.O. box — your actual home address)
• The name of the product
• Ingredients in descending order by weight
• Net weight or volume
• Allergen information as required by federal labeling standards
• If you make any nutritional claims, the corresponding nutrition information
• This statement in at least 10-point font in a color that clearly contrasts with the label background: "Made in a cottage food operation that is not subject to Florida's food safety regulations."

The home address requirement is notable. Florida requires your actual physical address on every label you sell publicly. There is no registration number option like Texas now has. This makes some bakers uncomfortable, and it is worth knowing upfront.

employees and help

Florida does not specify an employee limit in the cottage food statute. However, your operation must be home-based and all food must be prepared in your primary residence. If the scale of your operation grows beyond what a home kitchen can realistically handle, you will likely need to consider a commercial kitchen arrangement.

Employees, household members, and helpers working in your kitchen should complete food safety training as a best practice, even though Florida does not require it at the state level. Some venues and markets may ask for a food handler certificate anyway.

food safety training

Florida does not require state-mandated food safety training for cottage food operators. However, some venues — farmers markets, craft fairs, wedding vendors — may require their own certification before they allow you to participate. A basic food handler course (online, about 90 minutes, typically $10 to $15) is worth having regardless of whether it is required.

local business licenses

Florida cottage food law is preempted to the state, meaning local governments cannot regulate your production, processing, storage, or sales of cottage food. But they can require a general business license for any home-based business.

Contact your city or county tax collector's office to ask whether a local business tax receipt (sometimes called a business license) is required. This is separate from food regulation — it is a business registration question.

For sales tax: most food items sold in Florida are exempt from sales tax as groceries. But some prepared foods sold for immediate consumption may be taxable. Contact the Florida Department of Revenue at 850-488-6800 to clarify whether your specific products are taxable.

quick reference: florida cottage food at a glance

now that you know the rules, let's talk about pricing

Florida makes it genuinely easy to start. No paperwork bottleneck, a generous revenue cap, and you can ship within the state. You can be up and running fast.

The problem most Florida cottage bakers run into is not legal — it is financial. They know what they are allowed to sell but they do not know what to charge. So they guess. And most of the time, they guess low.

When you add up ingredients, packaging, labels, the time spent baking, decorating, communicating with customers, and cleaning your kitchen — the real cost per order is almost always higher than people expect. Most cottage bakers discover they were working for less than minimum wage once they actually do the math.

This post reflects Florida cottage food law as updated by the Home Sweet Home Act (HB 663), effective July 1, 2021, under Florida Statute §500.80. Always verify current rules at the Florida Department of Agriculture and Consumer Services or by calling FDACS at 850-245-5520. This is not legal advice.