Florida Cottage Food List: Allowed Foods, Labeling, and Sales Cap

Florida’s cottage food list covers shelf-stable products you can make at home and sell without a state permit: baked goods like breads, rolls, cakes, and cookies; fruit pies and dried fruits; jams, jellies, and preserves; candies and confections; honey; dry herbs, seasonings, and spice blends; homemade pasta; cereals, trail mixes, and granola; coated or uncoated nuts; vinegar and flavored vinegars; and popcorn and popcorn balls. Anything that needs refrigeration to stay safe is off the list. The exemption sits under Section 500.80 of the Florida Statutes and holds as long as your annual gross sales stay at or below $250,000.¹

Foods You Can Sell

The Florida Department of Agriculture and Consumer Services (FDACS) maintains the list of approved products. The common thread is that none of these items need time or temperature control to remain safe. A loaf of banana bread or a jar of strawberry jam can sit on a shelf without creating a food safety risk.

Loaf breads, rolls, biscuits, cakes, pastries, and cookies
Fruit pies and dried fruits
Jams, jellies, and preserves
Candies and confections
Honey
Dry herbs, seasonings, and spice blends
Homemade pasta
Cereals, trail mixes, and granola
Coated or uncoated nuts
Vinegar and flavored vinegars
Popcorn and popcorn balls

The moment you add an ingredient that requires temperature control, whether a cream filling, fresh dairy, or raw meat, the product falls outside the cottage food exemption.¹

Foods You Cannot Sell

Anything classified as a potentially hazardous food or requiring time and temperature control for safety is prohibited. These products carry real foodborne illness risks when prepared outside a licensed, inspected facility.

Meat, poultry, fish, and shellfish in any form
Dairy products, including milk, cheese, yogurt, and butter
Baked goods that need refrigeration, such as cream pies, custard pies, meringue pies, and pastries with cream cheese icing or fillings
Canned or preserved vegetables and fruits, including salsas, pickles, sauerkraut, and corn relish
Sauces and condiments like barbecue sauce, ketchup, and mustard
Cut fresh fruits and vegetables and juices made from them
Raw seed sprouts
Garlic-in-oil mixtures
Beverages
Ice and ice products
Focaccia-style breads with vegetables or cheese

To sell any of these, you’ll need a permit from FDACS or the Department of Business and Professional Regulation, along with a licensed commercial kitchen and regular inspections.¹

Pet Treats Are Not Included

The cottage food law applies exclusively to human-grade food. Pet treats, dog biscuits, and other animal food products are regulated separately under the FDACS Feed Inspection Program, which has its own licensing and labeling requirements. Making pet treats in your home kitchen and selling them under the cottage food exemption is not permitted.

Required Labeling for Every Product

Every cottage food product must be prepackaged before sale, with a label that carries all of the following:²

Business name and address of the cottage food operation
Product name
Ingredients listed in descending order of predominance by weight
Net weight or net volume
Allergen information as required by federal labeling rules
The disclaimer “Made in a cottage food operation that is not subject to Florida’s food safety regulations,” printed in at least 10-point type in a color that contrasts with the background

Federal law now recognizes nine major allergens: milk, eggs, peanuts, tree nuts, fish, crustacean shellfish, wheat, soybeans, and sesame. The FASTER Act added sesame as of January 1, 2023, so labels must account for it.³

Nutritional Claims Trigger More Labeling

Most cottage food operators won’t need a Nutrition Facts panel. Federal rules exempt food businesses with annual gross sales under $500,000 that also have food sales to consumers under $50,000 from the nutrition labeling requirement.⁴ There’s a catch. If you make any nutritional claim on your packaging, such as “low sugar,” “high fiber,” or “gluten free,” you must include the appropriate nutritional information on your label as specified by federal requirements. Either skip the health claims or be ready to back them up.²

Where and How You Can Sell

Cottage food products must go directly from you to the person eating them. Wholesale is explicitly prohibited. You cannot sell to a store, restaurant, or distributor for resale.²

Within that direct-to-consumer rule, you have room to work. Farmers’ markets, flea markets, roadside stands, and public events like festivals and fairs all qualify. You can sell from your home or deliver directly to a customer’s event venue. Online and mail-order sales are allowed too. You can accept payment over the internet, then deliver the product in person or ship it via USPS or a commercial carrier.

One limit matters here. The cottage food exemption exists under Florida state law, so it only shields you from Florida’s permitting and inspection requirements. Selling across state lines would pull your operation into federal food safety jurisdiction, where the cottage food exemption does not apply.²

All inventory must be stored on the premises of your cottage food operation, meaning your home. You can’t rent a storage unit or keep product at a friend’s house.²

Local Rules Are Preempted, HOAs Are Not

Florida preempts local regulation of cottage food operations. No county, city, or municipality can pass a law that prohibits a cottage food operation or regulates how you prepare, process, store, or sell your products. If a local official tells you a county ordinance bans home food production, the state statute overrides it.² You still need to comply with the conditions for operating a home-based business under Florida Section 559.955. And while local governments can’t ban your operation, an HOA or deed restrictions may impose separate contractual limits on business activity. Those aren’t “local laws” under the preemption statute, so they can still apply.

The $250,000 Sales Cap

Your cottage food operation cannot exceed $250,000 in gross sales per year. That figure includes everything sold at every location and through every channel, regardless of how many people are involved. FDACS can request written documentation to verify your annual sales at any time.² Track sales through the year rather than discovering after the fact that you’ve crossed the line.

When the List Isn’t Enough

If your business outgrows the $250,000 cap or you want to sell products that don’t qualify, the next step is a licensed operation. That means obtaining a food establishment permit from FDACS, using a licensed commercial kitchen that passes inspection, and meeting all standard food safety regulations. Commercial kitchen space can be rented by the hour in many Florida cities, which offers a stepping stone between a home kitchen and leasing your own facility.

1
Florida Department of Agriculture and Consumer Services. Cottage Foods
2
Justia Law. Florida Code 500.80 – Cottage Food Operations
3
U.S. Food and Drug Administration. The FASTER Act: Sesame Is the Ninth Major Food Allergen
4
U.S. Food and Drug Administration. Small Business Nutrition Labeling Exemption