Kara Sears
Florida has a range of laws and regulations that govern the sale of food, including saltwater products, and these vary across the state's 60+ counties and 400+ cities. The sale of most food items requires permits or compliance with specific food code regulations. However, Florida's cottage food laws allow small-scale businesses to sell certain food products without a permit. These include non-perishable foods prepared in home kitchens and items such as cakes, cookies, and popcorn.
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What You'll Learn
Florida's cottage food laws
Cottage food operators in Florida are exempt from licensing, inspection, and training requirements. They can sell their products at farmers' markets, pop-up markets, flea markets, and roadside stands, as long as there are no other food items at the stand that require a food permit. Cottage food operators must comply with county and municipal laws regulating the preparation, processing, storage, and sale of cottage food products.
Cottage food products are limited to low-risk foods that are considered a low risk for causing foodborne illnesses. These products must be prepackaged and labelled for individual sale, with a "cottage food operation" statement printed in at least 10-point font in a contrasting colour to the label background. The label must also include the name and physical address of the cottage food operation.
While cottage food laws in Florida allow for internet sales and direct delivery to consumers, indirect sales are prohibited. This means that cottage food producers cannot sell wholesale or through intermediaries such as grocery stores or coffee shops. Additionally, cottage food products cannot be sold along with non-cottage food items.
It is important to note that cottage food operations are not regularly inspected by the state government. However, if a complaint is received, the Florida Department of Agriculture and Consumer Sciences (FDACS) will investigate and may fine the operation if found to be in violation.
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Selling homemade food
In 2017, the state amended the rules to allow online sales, tripling the revenue cap on homemade food sales to $50,000 per year. However, this did not protect homemade food businesses from local interference, resulting in a patchwork of regulations with heavy restrictions in some areas.
To address this, the Home Sweet Home Act and other reforms were implemented in July 2021, creating statewide standardization and preempting local regulations. The new rules raised the revenue cap on homemade food sales to $250,000, legalized mail delivery, and allowed for the sale of food across state lines.
It is important to note that cottage food operations are not allowed to sell wholesale and can only be sold within the state of Florida. Additionally, cottage food operators cannot hire employees or volunteers and must do all the work themselves.
For specific information on selling homemade food in Ocean Drive, Florida, it is recommended to contact the local chamber of commerce or consult a lawyer specializing in food law.
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Selling saltwater products
In Florida, there are a number of laws and regulations that govern the selling of saltwater products. Before commercially harvesting or selling any marine life in Florida, you must comply with the relevant license requirements. A saltwater product is defined as any marine life, including fish, shellfish, lobsters, crabs, shrimp, and so on.
Firstly, you must obtain a Saltwater Products License (SPL) to commercially harvest and sell saltwater products. With this license, you may sell only to a licensed Florida wholesale dealer. If you are harvesting from a vessel, it must be registered as a commercial vessel.
There are additional requirements for those wishing to sell certain restricted species, such as blue crab, spiny lobster, stone crab, and ornamental marine life. To sell these, you will need to obtain an RS license, which requires proof that a specified amount of your annual income (usually $5,000 or 25%) is attributable to the sale of non-restricted saltwater products to a Florida wholesale dealer.
If you are selling saltwater products to the end consumer, you will need to obtain a Retail Saltwater Products Dealer License (RC). However, this license is not required if the products are prepared for consumption or takeout under a license issued by the Division of Hotels and Restaurants.
Wholesale dealers must comply with additional regulations, including maintaining records of transactions and reporting purchases to the Commission. They may only sell to other wholesale dealers or retail dealers, and they must ensure that any saltwater products they purchase have the required invoices and license numbers.
In terms of selling food on Ocean Drive in Florida, the specific requirements may vary depending on the county and city regulations. However, selling homemade food in Florida has become relatively easy thanks to legislative reforms. Since 2011, the Florida Food Safety Act has allowed the sale of non-perishable food prepared in home kitchens without a permit, and online sales have also been permitted since 2017. The revenue cap for homemade food sales has been raised to $250,000, and mail delivery is now legal.
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Local rules and regulations
Florida has seen a series of legislative reforms that have made it relatively easy to sell homemade food in the state. However, there are still local rules and regulations that you must follow when selling food in Florida, especially in specific counties like Jacksonville and Miami-Dade. Here are the key regulations to keep in mind:
Licensing and Permits
Florida law generally does not require a license or permit to sell homemade food. However, certain types of food businesses, such as those selling saltwater products, may need specific licenses. For example, a Retail Saltwater Products Dealer License (RC) is necessary if you plan to sell saltwater products directly to consumers. On the other hand, if you're selling to a wholesale dealer, you'd need a Wholesale Saltwater Products Dealer License (WD).
Food Safety Regulations
The Florida Food Safety Act has been expanded to allow the sale of non-perishable food prepared in home kitchens without a permit. However, if you're selling perishable food or operating a food truck, you'll need to comply with food safety regulations and obtain the necessary permits and licenses. Mobile food trucks in Florida are required to have a State license (Mobile Food Service) from the Department of Business and Professional Regulation (DBPR), Division of Hotels and Restaurants.
Cottage Food Laws
Cottage food businesses in Florida do not need a license or permit, and there are no inspections required by the state. However, cottage food must include specific labelling with information such as the name and address of the operation, a list of ingredients, allergen information, and a particular statement regarding food safety regulations.
Local Regulations
While Florida law preempts local regulations, some counties in Florida, like Jacksonville and Miami-Dade County, are known for having heavy restrictions on food sales. Therefore, it's essential to consult with a lawyer or the local chamber of commerce to understand the specific rules and regulations for the area where you intend to sell food.
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Food safety and hygiene
The DACS conducts inspections of grocery stores, food processing plants, food storage, and distribution points. They also regulate the sale of saltwater products, which include marine life such as fish, shellfish, crustaceans, and plants. A license is required for anyone looking to commercially harvest or sell these products, and there are additional requirements for those wishing to sell specific species or use certain gear.
The DBPR is responsible for licensing and inspecting restaurants, mobile food vehicles, and caterers. They also regulate public food service events and can be contacted for inquiries or complaints.
The DOH works with food service establishments, including schools, assisted living facilities, bars, and theaters, to ensure their products are not a source of foodborne illness. They also provide sanitation certificates for food service establishments and have a risk-based inspection program. To obtain a sanitation certificate, a proposed menu and set of plans must be submitted 90 days in advance, along with other specific requirements.
In addition to these agencies, the local chamber of commerce may also provide guidance on the rules, regulations, and permits required for selling food in a specific area. While cottage foods do not require licensing, there are limits on what foods can be sold and how much revenue can be generated. The Florida Food Safety Act has been amended over the years to allow for the sale of non-perishable food prepared in home kitchens without a permit, with the latest changes raising the revenue cap to $250,000 and legalizing mail delivery.
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Frequently asked questions
It depends on the type of food you are selling. Florida's cottage food laws allow you to sell certain types of food, such as cakes, cookies, and coffee, without a license. However, you must follow specific restrictions, such as an annual sales limit of $250,000 and labeling requirements. On the other hand, if you are selling saltwater products, you may need a license, such as a Retail Saltwater Products Dealer License (RC) or a Wholesale Saltwater Products Dealer License (WD).
All food products sold under Florida's cottage food laws must be prepackaged and labeled with the following information: a list of ingredients, the name and address of the business, and a statement indicating that the product was made in a cottage food operation not subject to Florida's food safety regulations.
Yes, it is important to note that cities and counties in Florida can have their own ordinances and regulations regarding the sale of food. Therefore, you should check the specific rules and requirements for Ocean Drive, Florida, to ensure compliance with local laws and regulations.
