Florida Cottage Food Law: What You Can Sell From Home in 2026

What Florida Statute § 500.80 Actually Says

Florida's cottage food law lets you manufacture, package, and sell specific low-risk foods from your home kitchen without a state food permit, without registering with FDACS, and without routine health inspections. FDACS retains complaint-based investigation and inspection authority. The law is codified under Florida Statute § 500.80 and effectively bypasses the standard commercial permitting requirements of § 500.12.

The catch is structural, not bureaucratic. Every product you sell must be non-potentially hazardous — meaning it doesn't require time or temperature control for safety. And every dollar you earn counts toward a hard annual cap.

The $250,000 Gross Sales Cap

The Home Sweet Home Act of 2021 raised the annual limit from $50,000 to $250,000. That number is gross sales — not net profit. Product sales, shipping fees you charge customers, and sales tax you collect count toward the cap; expenses are not deducted. The ceiling resets each January 1 on a calendar-year basis.

Once you cross $250,000 in a calendar year, your cottage food exemption ends. You must stop selling until you secure a commercial food establishment permit through FDACS or DBPR.

What Counts as Cottage Food

Only shelf-stable, non-TCS (Time/Temperature Control for Safety) foods qualify. These products have low water activity or high acidity that naturally inhibits pathogen growth.

Allowed categories include:

• Breads, rolls, muffins, cookies, brownies, and double-crust fruit pies
• Sourdough breads (fully authorized)
• High-acid fruit jams, jellies, and fruit butters (apple, peach)
• Hard candies, fudge, caramels, popcorn, granola, and trail mixes
• Whole roasted coffee beans, loose-leaf teas, and dried herbal blends
• Fully dried pasta and dry baking mixes
• Non-meat pet treats using human-grade shelf-stable ingredients

Prohibited items that require a commercial permit:

• Cream cheese frostings, custard fillings, cheesecakes, and meringue toppings
• Pickles, salsas, hot sauces, hummus, and any acidified or fermented foods
• Fresh juices, cold brew, kombucha, and liquid beverages
• Beef jerky, meat products, or anything containing fresh dairy
• Home-canned ingredients of any kind

The distinction matters: Florida strictly excludes artificially acidified foods from cottage food. Unlike Texas, you cannot make pickled vegetables or acidified hot sauces at home, even with pH testing.

Labeling: The Seven Required Elements

Every cottage food product needs a label with these seven items:

1. Your business name and physical home address (no P.O. boxes)
2. The common product name
3. Ingredients in descending order by weight
4. Net weight in both U.S. and metric units
5. Allergen declarations (milk, eggs, wheat, peanuts, tree nuts, soy, fish, shellfish, sesame)
6. Nutrition facts — only if you make a health claim like "low-fat" or "sugar-free"
7. 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 with contrasting color

Using 8-point or 6-point font on the disclaimer to save label space is a misbranding violation.

Where You Can Sell

Cottage food sales must be direct-to-consumer within Florida. You can sell from your home, at farmers' markets, craft fairs, flea markets, roadside stands, and pop-up events. Online orders through your own website, Etsy, or social media are legal as long as delivery stays within state lines.

What you cannot do: sell wholesale to grocery stores, restaurants, or cafes. Consignment is prohibited. And shipping across state lines triggers federal FDA jurisdiction and voids your state exemption entirely.

What This Law Doesn't Cover

The cottage food exemption doesn't eliminate every local requirement. A city or county may require a Local Business Tax Receipt to operate a home business. Your HOA covenants may restrict commercial activity. And if you sell candy or prepared food for immediate consumption, you may owe Florida's 6% sales tax plus your county's discretionary surtax.

The complete compliance path — from recipe verification through business registration, labeling, tax setup, and commercial transition planning — is covered in our Florida Cottage Food & Home Food Business Guide.

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