Florida Cottage Food Laws

Florida cottage food laws incorporate some of the best features to encourage entrepreneurship. Florida is among those states that make it easy to start your own cottage food business.

You can decide today that you want to be a cottage food entrepreneur and actually start making money today.

HOW TO START YOUR COTTAGE FOOD BUSINESS IN FLORIDA – LICENSING

Cottage food operations do not require a license or permit from the Florida Department of Agriculture and Consumer Services (FDACS) and are not inspected by any state government entity.

Florida cottage food laws do not require you to register or do anything other than begin selling. For reference, here is the July 2021 Cottage Food Operations brochure from the FDACS.

However, they do have rules on what you can and can’t serve, the maximum you can make annually and require you follow and local codes for business licensing, zoning, etc…

Always contact your local city / county office and verify if a business license is required prior to starting.

This is simply done by calling the main number to your city and letting them know you are starting a cottage food business and ask if you need a business license.

Additionally, you will want to call the Florida Department of Revenue and inquire about collecting sales tax. Contact: 850-488-6800

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FLORIDA COTTAGE FOOD LAW – Foods That Are Allowed

• Loaf breads, rolls, 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

Real Life Cottage Food Entrepreneurs and Opportunities

• Cakes – teacher turns kitchen into bakery
• Doughnuts – cottage mini donut vendor
• Fruit jams and jellies – See Additional Requirements Here
• Kettle corn – real kettle corn vendors from home
• Popcorn (plain and flavored) – see a real home vendor here
• Talk and Join hundreds of others here: VendorsUnited.com

FLORIDA COTTAGE FOOD LAWS – PROHIBITED FOODS

NOTE: Although eggs, milk and dairy products are not allowed, used as ingredients for the allowed foods – is acceptable.

Many prohibited foods that are baked or cooked into the allowed foods are rendered harmless and therefore allowed.

HOW MUCH ARE YOU ALLOWED TO MAKE WITH COTTAGE FOODS IN FLORIDA?

Florida limits your cottage food business to $250,000.00 annually.

This limit, much higher than many states allows you to earn enough to open a retail food establishment. (see what Colorado does below)

Colorado created a brochure on going beyond cottage food once you’ve outgrown or hit your maximum allowed income.

ACIDITY LEVELS AND TESTING

Most states determine if a food is non-potentially hazardous by the acidity level found in the food. The higher the acidity, the more stable at a range of temps, that food product is.

For example: milk is low acidity and requires temperature controls.

The acidity of foods is measured by pH.

• The range of pH is commonly considered to extend from zero to 14. A pH value of 7 is neutral because pure water has a pH value of exactly 7. Values less than 7 are considered acidic, while those greater than 7 are considered basic or alkaline.

• All fruits are acidic foods and are usually tart and sour. Ex: tomato, lemon, peach, apple, etc.

• The FDA rule for acidic foods states that a food must have a pH below 4.6 to be sold as a minimally processed food.

• The reason for this is bacteria does not grow at this level of acidity.

• The exclusion shall not be construed as allowing the sale of low acid foods (pH > 4.6) in hermetically sealed containers (i.e. home-canned green beans, peas, etc.) when such food is not prepared in a permitted establishment.

TESTING

Some states require testing if the pH level is unknown. For many food products, the pH level is already known.

You can test for pH yourself using a pH spear tester. (make sure it is made for food and has a long spear tip).

Oklahoma State University shares an awesome guide for selecting the correct tester for foods and liquids which includes tips and tricks for operation and maintenance. Get The Guide Here.

FLORIDA COTTAGE FOOD LAW LABELING REQUIREMENTS

Most states require labeling on any product produced at a home kitchen. However, even if your state doesn’t require labeling, this is your chance to stand out and show you care.

FLORIDA cottage food laws require labeling on all products made under the cottage food law.

• Name of the cottage food product
  
• Ingredients of the cottage food product in descending order or amount of each ingredient by weight
  
• Net weight or net volume of the cottage food product
  
• If a nutritional claim is made, you must meet the FDA’s rules on nutrition labeling.
  
• A statement printed in 10-point font or larger type with in a color that provides clear contrast to the background of the label that reads:
  
  Made in a cottage food operation that is not subject to Florida’s food safety regulations.

Below is an example of what the state of Florida requires on their labels.

Using VistaPrint.com or similar – you can quickly create professional labels that not only serve to meet the state cottage food guidelines but also serve for marketing your awesome business and products.

You’ll find some fantastic examples of this from members inside VendorsUnited.com

ALLERGENS ON LABELING

The FDA lists nine (9) major food allergens. Listing any of these on your label is a smart business practice and will certainly help your customers choose a product.

• Milk
• Eggs
• Fish (e.g., bass, flounder, cod)
• Crustacean shellfish (e.g., crab, lobster, shrimp)
• Tree nuts (e.g., almonds, walnuts, pecans)
• Peanuts
• Wheat
• Soybeans
• Sesame seeds

Simply add to your label: “NOTICE: SOYBEANS USED IN THIS RECIPE” Some go as far to announce that a certain allergen is used in the same kitchen.

Some states require you list any potential allergens and potential for any cross contamination even if the allergen is not used in the recipe.

FDA Allergen Labeling Example: Contains Wheat, Milk, Egg, and Soy

WHERE CAN I SELL MY COTTAGE FOOD PRODUCTS

Florida Cottage Food Laws – Sales Rules

You may sell your cottage food products from your residence directly to the consumer.

Sales are also approved by mail order, at farmers’ markets, flea markets and roadside stands, provided you have no other food items in your space that require a food permit.

Inside kitchenincome.com you can find out how many cottage food entrepreneurs are getting sales faster than they can make the food.

FOOD HANDLER TRAINING AND BEST PRACTICES

Florida cottage food laws does NOT require you take a food safety and handling course. However, knowing the safe handling practices will protect you and your customers.

There are many short courses you can take online and actually get certified and be able to share that with your customers.

Many of our VendorsUnited.com members are proud to display their food safety certificates as a way to insure their customers that they care. This helps your business.

• Short courses that provide food handling and safety certification
• Free info from the FDA – food safety

SAFE PRACTICES

Much of this may seem like common sense, but even if you already know, it’s a good idea to remind yourself with a list of things that can prevent you from missing something small.

And if for no other reason… CYA! CYA = Cover Your A#%

CLEAN WORK AREA / WORK SPACE / SANITIZATION

Providing safe to eat foods from your kitchen – starts in your kitchen.

Keep your area clean and sanitized to avoid cross contamination and to insure you provide your customers and clients with the safest and best foods they can get.

The following are some “common” sense things you can do to insure the best environment for preparing foods to sell:

• ​Keep all equipment and surface areas clean and sanitized
• Make sure window and door screens are bug proof with no gaps
• Keep ingredients separate to prevent cross contamination / e.g. raw eggs near flour
• No pets in work area and preferably none in the home
• Allow no-one with a cold, sniffles or sick in kitchen while preparing foods
• Wipe down walls and clean floors daily
• Use good lighting to avoid missing unclean areas
• Keep window and door screens in good repair to keep insects out
• Wash hands frequently while working and use food grade gloves for extra safety
• Keep areas of food storage and equipment storage clean and sanitized

RECORD KEEPING

Why keep these types of records?
Let’s say the inspector calls you and says they got a report that your banana bread, someone purchased, made them sick.

You’ll be able to show that you didn’t even make banana bread that week and that the person who reported you, bought that 4 weeks ago and you weren’t even the one that sold it to him.

This does not need to be complicated. I love my yellow legal pads and they make an inexpensive tool for keeping up with the following:

• The recipes you use including ingredients
• The process you use to prepare that specific recipe: (can be just like recipe instructions)
• Date made (can be coded for your own use only if your state doesn’t require the production date) e.g. Made 12.22.29 = 292212
• Date sold (you can have a batch code to help track a certain batch) Simply write down date you sold an item
• Location sold is another great piece of information to keep track of
• Sales receipts are something great to keep for a couple of reasons and over at KitchenIncome.com I dive into the best practices, best systems and best methods for tracking, managing, selling and shipping.

COTTAGE FOOD lIABILITY INSURANCE

We live in a society that likes to sue. I can sue you for wearing that color shirt. No kidding! Of course I probably won’t win, but at the very least, it’s gonna cause you stress and some costs.

Liability insurance is a MUST.

It can be expensive – but several years ago, I found FLIP and by far, they gave me the most protection (coverage) and allow you to run your cottage food business without fear of being sued.

WHY? Because they provide the lawyers. And their lawyers… they are good!

Of course you should price shop around with your local agent or a national brand company, but rest assured, I’ve done all the legwork for you.

Alternatively, some folks opt to get bonded. You’ve heard the saying before: “licensed and bonded”. A bond is usually provided from an insurance bonding company or your own insurance company.

My first time, I got a bond at State Farm.

A bond is expensive comparatively but is less out of pocket in the beginning. Of course, it’s way, way less insurance / coverage too.

A $10,000 bond may cost $50 annually while a $2,000,000.00 liability policy may cost a few hundred a year.

No matter what you decide… knowing you’re insured against frivolous lawsuits is worth every penny.

FLORIDA COTTAGE FOOD LAWS QUESTIONS AND ANSWERS

Florida’s list of common questions with answers on Cottage Food Operations

FLORIDA COTTAGE FOOD LAWS IMPORTANT LINKS

• Florida Cottage Food Laws – Operations
• Florida Cottage Food Laws – Basics
• Florida State Statute : Cottage Food Laws

CONTACT FLORIDA DEPARTMENT OF FOOD SAFETY – COTTAGE FOOD

(850) 245-5520
(850) 245-5553 Fax
[email protected]

Division of Food Safety
3125 Conner Blvd., Ste. H
Tallahassee, FL 32399-1650

UPDATES TO FLORIDA COTTAGE FOOD LAWS

From time to time, links, info, rules and numbers change, are updated or made obsolete. Although I spend time daily with hundreds of vendors (many of which are cottage food businesses) – I can miss an update.

If you find a broken link, outdated information or any other issue… please let me know and I’ll send you a special gift for helping me maintain the best site on the internet for the cottage food industry.

My goal has always been to have a central place that is absolutely free for to those starting out or existing entrepreneurs who use their homes and kitchens to make real incomes.

Please send to [email protected] / or post inside the private VendorsUnited.com group.

Need more resources? Check it out HERE (Helpful Resources)

Take a peek at the best vendors on the planet, the community that rocks the food vending world: Vendors United…

Disclaimer

This information is provided to help those interested in starting a cottage food business. It is not a document made by the state government. This information is not provided as law nor should be construed as law. Always use the contact information for each state to confirm compliance and any changes.

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