Florida Cottage Laws – The Cottage Law Kitchen

Florida's “Home Sweet Home Act” makes cottage food dreams come true in the Sunshine State!

Welcome to Florida, where the sunshine isn't the only thing that's bright – the cottage food opportunities are too! Thanks to the transformative “Home Sweet Home Act” of 2021, Florida has become one of the most entrepreneur-friendly states for home-based food businesses. Whether you're dreaming of selling your grandmother's famous key lime pie recipe or starting a custom cake business, Florida's cottage food laws provide an amazing foundation for turning your culinary passion into profit. Let's dive into everything you need to know to get started!

“Home Sweet Home Act” (2021)

On July 1, 2021, Florida truly revolutionized cottage food with House Bill 663, known as the “Home Sweet Home Act.” This landmark legislation transformed Florida into a cottage food paradise by:

Raising the Revenue Cap:

Increased from $50,000 to $250,000 annually – a 5x increase!

Expanding Sales Methods:

Interstate shipping now allowed via USPS and commercial carriers
Mail order sales permitted
Online sales with payment processing

Eliminating Local Interference:

Preempted local regulations – no more patchwork of confusing city and county rules
Standardized regulations statewide
Protected cottage food operations from local prohibition

Allowing Business Partnerships:

Individual cottage food operations can now operate as business entities
Can have business partners and employees

What Makes Florida Special Now?

Florida's cottage food laws are now among the best in the nation, offering several unique advantages:

High Revenue Potential

At $250,000 annually, Florida offers one of the highest cottage food revenue caps in America. This means you can build a substantial business without needing to transition to a commercial kitchen.

No Permits or Inspections Required

No licensing from the Florida Department of Agriculture and Consumer Services (FDACS)
No regular inspections by state entities
No permits required to start selling
Only complaint-based investigations

Statewide Protection

The “Home Sweet Home Act” prevents local governments from:

Prohibiting cottage food operations
Creating additional regulations for cottage food production
Interfering with cottage food sales

Multiple Sales Channels

Direct sales from your home
Online sales with payment processing
Farmers markets and events
Mail order anywhere in the US
Interstate shipping via USPS and commercial carriers
Custom orders for events and parties

What Foods Can You Make and Sell?

Florida allows a wide variety of non-potentially hazardous foods – items that don't require refrigeration for safety and have low risk of causing foodborne illness.

Allowed Foods Include:

Baked Goods:

Breads, rolls, and bagels
Cookies, brownies, and bars
Cakes and cupcakes (without cream fillings)
Muffins, biscuits, and scones
Pies (fruit pies, not cream pies)
Pastries and sweet breads
Wedding cakes (without cream fillings)
Donuts, waffles, and pizzelles

Confections and Sweets:

Hard candies and chocolates
Fudge and toffee
Caramel corn and kettle corn
Marshmallows and chocolate-covered items
Granola and nuts
Popcorn and crackers

Preserved Foods:

Jams, jellies, and preserves
Honey (for beekeepers)
Dried fruits and herbs
Vinegars and extracts
Tinctures (check alcohol content regulations)

Specialty Items:

Pasta and cereals
Certain syrups (like sorghum syrup)
Roasted nuts and seeds
Boiled peanuts and legumes

What You CANNOT Make:

Potentially Hazardous Foods:

Items requiring refrigeration
Fresh dairy products (milk, cheese, yogurt)
Cream, custard, or meringue fillings
Fresh meat or seafood products
Cut fresh fruits and vegetables

Specific Prohibited Items:

Buttercream frosting (traditional)
Acidified foods (pickles, salsas)
Low-acid canned foods
Fermented foods (kombucha, sauerkraut)
Fresh juices or beverages
Pet foods
Hummus and garlic dip

Special Note on Ingredients:

While you can't sell dairy products directly, you can use eggs, milk, and dairy as ingredients in allowed baked goods. For example, you can't sell fresh milk, but you can use milk in cake batter.

Step-by-Step: How to Get Started

Getting started with a Florida cottage food business is remarkably simple thanks to the streamlined regulations.

Step 1: Verify Your Products Qualify

Ensure all your intended products fall under Florida's allowed cottage food list. When in doubt, contact FDACS for clarification.

Step 2: Set Up Your Home Kitchen

Use your primary residence kitchen only
Cannot use commercial kitchens or shared facilities
Must have single kitchen with appliances designed for residential use
Maintain good sanitation practices

Step 3: Create Proper Labels

This is your main requirement! Every cottage food product must be prepackaged and labeled with:

Required Label Information:

Name and physical address of your cottage food operation
Product name (common or usual name)
Complete ingredient list in descending order by weight
Net weight or volume of the product
Allergen information as specified by federal requirements
Required statement in at least 10-point font: “Made in a cottage food operation that is not subject to Florida's food safety regulations”

Step 4: Handle Business Basics

While not required by cottage food law, consider:

Local business tax registration – contact your local tax collector
Business license if required by your municipality
Sales tax registration with Florida Department of Revenue
Business insurance (highly recommended)

Step 5: Start Selling!

You can begin selling immediately through any of Florida's allowed channels:

Direct sales from home
Online sales with shipping
Farmers markets and events
Mail order customers

Where and How Can You Sell?

Florida's “Home Sweet Home Act” provides incredible flexibility in sales methods:

Direct Sales Venues:

Your home residence
Farmers markets (provided no other food items require permits)
Pop-up markets and flea markets
Roadside stands
Special events (weddings, birthday parties, festivals)

Online and Remote Sales:

Website sales with online payment processing
Social media marketing and sales
Mail order anywhere in the United States
Interstate shipping via USPS or commercial carriers
Custom orders for events and celebrations

What You CANNOT Do:

Wholesale sales – cannot sell to stores for resale
Consignment sales – cannot have others sell for you
Restaurant sales – cannot sell to commercial food establishments
On-site consumption – customers cannot eat your food on your premises

Annual Revenue and Growth Potential

$250,000 Annual Limit

Florida's quarter-million-dollar cap provides substantial earning potential:

That's over $20,000 per month in gross sales
Enough to support a family or supplement income significantly
Room to grow a substantial business before needing commercial facilities

Tracking Your Sales

You must be able to provide FDACS with written documentation of annual gross sales upon request. Keep detailed records of:

All sales transactions
Monthly and annual totals
Customer information for shipped orders
Ingredient costs and business expenses

Growing Beyond Cottage Food

When you approach the $250,000 limit, you have options:

Transition to a licensed commercial kitchen
Rent space in a shared commercial facility
Partner with a co-packer for production
Expand into commercial food manufacturing

Special Considerations for Florida

Business Entity Options

Thanks to the “Home Sweet Home Act,” cottage food operations can now:

Operate as individual sole proprietors
Form business entities (LLCs, partnerships)
Have business partners and employees
Accept investments and scale operations

Shipping and Delivery

Florida leads the nation in shipping flexibility:

Interstate shipping allowed – sell to customers nationwide
USPS and commercial carriers approved
Mail order processing permitted
Direct delivery to customers and event venues

Local Compliance

While state regulations are standardized, you must still comply with:

Traffic and parking ordinances
Noise regulations for home businesses
Signage restrictions in your neighborhood
Hours of operation limits for retail activity

Beekeepers Special Rules

If you're a beekeeper selling honey under cottage food laws:

Must store honey on your cottage food operation premises
Can sell bottled honey and cut comb in containers
Same $250,000 annual limit applies
Same labeling requirements apply

Food Safety Best Practices

While Florida doesn't require training or inspections, following food safety practices protects your business and customers:

Kitchen Hygiene:

Maintain clean work surfaces and equipment
Wash hands frequently during food preparation
Use clean utensils and storage containers
Keep pets away from food preparation areas

Ingredient Safety:

Use quality, fresh ingredients
Store ingredients at proper temperatures
Check expiration dates before use
Source ingredients from reputable suppliers

Product Safety:

Follow tested recipes consistently
Package products appropriately
Label with production dates
Store finished products properly

Customer Relations:

Be transparent about ingredients and allergens
Respond promptly to customer questions
Address any concerns professionally
Maintain good communication with buyers

Common Beginner Mistakes to Avoid

Incorrect labeling – The required statement must be exact and in at least 10-point font
Using prohibited ingredients – Stay within the allowed foods list
Allowing on-site consumption – Customers cannot eat your food at your home
Attempting wholesale sales – All sales must be direct to consumers
Ignoring local business requirements – Check for business license needs
Poor record keeping – Track all sales for potential FDACS requests

Success Stories and Market Growth

Florida's cottage food reforms have created remarkable success stories:

Economic Impact

Thousands of new cottage food businesses since 2021
Significant growth in farmers market vendors
Increased entrepreneurial opportunities, especially for women
Rural economic development through home-based businesses

Real Entrepreneurs

Florida cottage food producers are thriving with businesses like:

Custom wedding cake designers
Specialty cookie and brownie operations
Artisan jam and preserve makers
Holiday and seasonal treat specialists
Event catering services

Getting Help and Resources

Official Resources:

Florida Department of Agriculture and Consumer Services (FDACS)
UF/IFAS Extension offices throughout Florida
“Home Sweet Home Act” official documentation

Educational Resources:

University of Florida Extension publications on cottage foods
Free cottage food resources and guides
Food safety training (not required but recommended)

Community Support:

Florida Cottage Food Bakers Facebook groups
Local farmers market associations
Small business development centers

Ready to Start Your Florida Cottage Food Dream?

Florida's “Home Sweet Home Act” has created one of the most favorable cottage food environments in America. With a $250,000 annual cap, interstate shipping, online sales, and protection from local interference, the Sunshine State truly shines for cottage food entrepreneurs.

Florida's Amazing Advantages:

$250,000 annual revenue potential
No permits, licensing, or inspections required
Interstate shipping and mail order allowed
Statewide protection from local regulations
Business entity formation permitted
Multiple sales channels available

Your Action Plan:

Verify your products meet Florida's cottage food requirements
Set up your home kitchen with proper sanitation practices
Create compliant labels with all required information
Register for business basics (tax ID, local licenses if needed)
Start selling through direct sales, online, or farmers markets
Scale strategically toward the $250,000 annual potential

The Florida Promise: Florida didn't just create cottage food laws – they created cottage food opportunity. The “Home Sweet Home Act” removed barriers, increased limits, and standardized regulations to help entrepreneurs succeed. Whether you want to supplement your income with weekend baking or build a substantial food business, Florida provides the legal framework to make it happen.

From Key lime cookies to custom celebration cakes, from artisan jams to specialty breads – Florida welcomes your cottage food dreams with open arms and favorable laws. The Sunshine State is ready to help you turn your home kitchen into a successful food business!

Start your Florida cottage food journey today – no permits required, just passion and great food!

Disclaimer: This information reflects Florida's cottage food laws as of 2024-2025, including the “Home Sweet Home Act” amendments. While Florida's laws are favorable, always verify current requirements with the Florida Department of Agriculture and Consumer Services (FDACS) and consult local authorities about business licensing requirements. Individual circumstances may vary, and food safety practices are always recommended.