Rules checked against official Florida sources as of September 23, 2026.
This is general information, not legal advice. Confirm with the Florida Department of Agriculture and Consumer Services (FDACS) before you sell.
The short version: Florida lets you make shelf-stable foods, such as breads, cakes, cookies, candy and jams, in your home kitchen and sell them without a food permit. You can sell up to $250,000 a year in gross sales. You can sell in person, online or by mail order, and deliver in person or by mail. Wholesale isn't allowed. Every package needs a label with a specific statement in at least 10-point type. Cities and counties can't ban a cottage food operation.
The law
Florida's law is Fla. Stat. § 500.80, "Cottage food operations" [1], with definitions in § 500.03 [2]. HB 663 (2021), the "Home Sweet Home Act", raised the cap from $50,000 to $250,000. It also allowed mail-order sales and business entities, and moved cottage food regulation to the state level [3][4]. A 2025 bill (SB 700) only re-enacted the cap to update a cross-reference [5]. We found no 2026 changes [1].
A "cottage food operation" is a person, or an entity, that makes or packages cottage food at a natural person's residence [2]. If you comply and stay under the cap, you don't need an FDACS food permit [1]. FDACS can inspect "only upon receipt of a complaint" [1].
What you can sell
A "cottage food product" is "food that is not time or temperature controlled for safety or a potentially hazardous food as defined by department rule" [2]. FDACS's approved list [6]:
loaf breads, rolls and biscuits
cakes, pastries and cookies
candies and confections
honey
jams, jellies and preserves
fruit pies and dried fruits
dry herbs, seasonings and mixtures
homemade pasta
cereals, trail mixes and granola
coated or uncoated nuts
vinegar and flavored vinegars
popcorn and popcorn balls
What you can't sell
The legal test is the definition: nothing that needs refrigeration or time and temperature control [2]. FDACS's current page doesn't publish a "not allowed" list. Its older brochure (2017) does, and it names [7, mirror-only]:
cream, custard or meringue pies, and cream-cheese icings or fillings
canned fruits and vegetables, salsas, and canned pickled products
fish, shellfish, and meat (including jerky)
eggs, milk and dairy, including cheese and yogurt
cut fresh produce and fresh juices
pumpkin and sweet potato pies
foods with meat fillings, such as empanadas
beverages, ice, pet treats
That brochure is out of date on sales rules (see below). Use it only as a reading of the food definition.
Sales cap
$250,000 in annual gross sales, counting "all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved" [1]. FDACS can ask for written records of your gross sales [1].
Where and how you can sell
In person, online and by mail order: the operation "may sell, offer for sale, and accept payment for cottage food products over the Internet or by mail order" [1].
Delivery: products "may be delivered in person directly to the consumer, to a specific event venue, or by United States Postal Service or commercial mail delivery service" [1].
Wholesale: not allowed. You "may not sell, offer for sale, or deliver cottage food products at wholesale" [1]. The older FDACS brochure also treats sales to restaurants and grocery stores as wholesale [7, mirror-only].
Storage: you may sell only products "that it stores on the premises of the cottage food operation" [1].
Samples are allowed but "must be prepackaged" [6].
Out of state: § 500.80 doesn't limit mail delivery to Florida [1], but FDACS doesn't address interstate sales. The other state's rules and federal rules may apply to anything you ship across state lines.
Labels
Products must be "prepackaged with a label affixed" that shows [1]:
The name and address of the cottage food operation
The name of the product
The ingredients, "in descending order of predominance by weight"
Net weight or net volume
Allergen information, following federal labeling requirements
Nutritional information, but only if you make a nutritional claim
This statement, "printed in at least 10-point type in a color that provides a clear contrast to the background of the label": "Made in a cottage food operation that is not subject to Florida's food safety regulations."
The older FDACS brochure adds that labels must be in English, that the address must be a physical address rather than a PO box, and that for a cake that can't carry a label, the label information can go on the invoice delivered with it [7, mirror-only]. § 500.80 has no separate rule for online listings [1].
Permits, registration and training
No permit, registration, fee or training is required under § 500.80 [1][6].
Taxes still apply. The law doesn't exempt you "from any state or federal tax law, rule, regulation, or certificate" [1].
Local governments can't regulate you. "The regulation of cottage food operations is preempted to the state. A local law, ordinance, or regulation may not prohibit a cottage food operation or regulate the preparation, processing, storage, or sale of cottage food products" [1].
Home-business rules still apply. Florida's home-based business law, § 559.955, lets you operate in a residential zone, within limits on employees, parking, signs and noise. Local business tax still applies [8].
HOAs and condos: § 559.955 does not override condominium, cooperative or HOA rules, so your association's covenants may still restrict you [8].
Eggs, meat and dairy
Not cottage foods. Eggs, meat, poultry and dairy fall outside the definition [2], and FDACS's older brochure lists them as not allowed [7].
Eggs and poultry from a small farm go through FDACS's Limited Poultry and Egg Farm Operation program. It requires a food establishment permit and is limited to 1,000 laying hens and 20,000 poultry a year [9].
We didn't confirm which program covers selling meat or dairy.
Where official sources disagree
FDACS's only brochure is from 2017, and it is out of date. It says the cap is $50,000, that mail order is prohibited, and that local governments can restrict cottage food. The 2021 law changed all three [1][3]. The brochure link on FDACS's site now redirects to a login page. The copy we read is hosted by a third party, so treat it as mirror-only [7].
Nut butters: UF/IFAS Extension lists them as allowed [10]. FDACS lists only "coated or uncoated nuts" [6]. It's unclear whether they're allowed.
Interstate shipping. The statute is silent, UF/IFAS says yes, and FDACS doesn't say.
The prohibited-food list, PO-box rule, English-label rule and farmers-market guidance come only from the 2017 brochure, which we could read only on a mirror.
Sales tax registration details with the Department of Revenue.
Selling on Coop
Coop is a marketplace for homemade and homegrown goods from sellers near you. Here is how its tools line up with Florida's rules.
A storefront local buyers find. Lesson: Open your storefront.
Pickup or your own delivery. Coop orders are picked up, or delivered by you. Coop has no shipping option, so mail orders happen outside Coop. Delivery needs card payments turned on. Lesson: Pickup, delivery, cash and trades.
Florida's statement on your listings. In the listing wizard, turn on "Cottage food" and "Ingredients & allergens". Coop shows Florida's exact sentence on the listing. Lesson: Ingredients, allergens and meat details.
Labels. With Coop+ or Coop Pro, the Label maker prints labels from a saved recipe, including the product name, ingredients, allergens, net weight, your shop and Florida's statement. For Florida it starts with "Street address" selected under "Address on the label", because Florida wants a physical address. If your shop keeps its exact location private, the Label maker shows you both facts and leaves the choice to you. Lesson: Print labels with the Label maker.
Pre-orders. A weekly pickup rhythm lets buyers reserve from your next bake. Made-to-order listings suit custom cakes. Lessons: Set a weekly pickup rhythm · Made to order: when the card actually charges.
See what Florida bakers are selling: Tampa sourdough · Tampa baked goods · Miami cookies · Miami baked goods · Orlando · Jacksonville
Coop's tools don't make a seller compliant. You're responsible for following Florida's rules.
Not legal advice. This guide summarizes Florida law as we read it on September 23, 2026. For a decision that matters, confirm with FDACS or an attorney.
MIRROR-ONLY. FDACS Cottage Food brochure P-02072 (Rev. 06/2017), third-party copy: https://downtownlkld.com/wp-content/uploads/2025/08/fdacs-cottage-food-guidance.pdf. The official link https://www.fdacs.gov/content/download/70108/file/Cottage-Food-Brochure.pdf redirects to a login page.