Florida has strict regulations when it comes to selling foods. In most cases, it is not possible to sell food within state jurisdiction without proper licensing, but cottage laws offer an alternative for small business owners who meet specific requirements.
In this article, you will understand Florida cottage laws and which foods can be sold without a license.
What Food Can You Sell Without a License in Florida? – The Basics
Generally, selling food requires a permit issued by the Florida Department of Agriculture and Consumer Services (FDACS). Also, hotels, restaurants, and other food establishments must apply for licensing with the Department of Business and Professional Regulation (DBPR) or the Florida Department of Health (FDOH).
However, Florida law exempts “cottage foods” from licensing due to the lower risk of causing foodborne illnesses to consumers. The term “cottage food” encompasses a select group of homemade foods that can be sold directly to informed consumers without a food license or permit.
One of the key factors to determine whether a certain food can be considered “cottage food” is whether the product needs control of temperature. The list of permissible foods in Florida includes:
- Cakes, pastries, and cookies
- Fruit pies
- Bread loaf, rolls, and biscuits
- Candies
- Honey (if personally produced)
- Jams, jellies, and compotes (preserves)
- Dried fruits
- Dry herbs, seasonings, and mixtures
- Cereals, trail mixes, and granola
- Homemade pasta
- Nuts (coated or uncoated)
- Vinegar (including flavored and balsamic vinegar)
- Popcorn and popcorn balls
Another common characteristic of cottage food is the home-grown production aspect. The permission to sell cottage foods gives farmers and local producers the chance to earn extra income and make their products stand out from larger competitors.
What Food Can You Sell Without a License Florida? – As Provided by Law
Florida Statutes §500.80 (1)(a) provides that a cottage food operation “is exempt from the permitting requirements of s. 500.12 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed $250,000.”
The annual gross sales of a cottage food operation include “all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation.”
As specified by Florida Statutes §500.80 (3), “a cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information:
- The name and address of the cottage food operation
- The name of the cottage food product
- The ingredients of the cottage food product, in descending order of predominance by weight
- The net weight or net volume of the cottage food product
- Allergen information as specified by federal labeling requirements
- If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements
- The following 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”
Ensure Full Legal Compliance When Selling Cottage Food in Florida – Immediately Seek Expert Legal Guidance
Waste no time with uncertainty. Contact Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to find the best strategy for your Florida cottage food operation.
