Gavin Howe
Florida's Cottage Food Law has been amended several times since its enactment in 2011, with the most recent changes taking effect in July 2022. The law allows individuals to produce and sell certain food items from their homes without the need for a license or permit from the Florida Department of Agriculture and Consumer Services (FDACS). While it encourages entrepreneurship by simplifying the process of starting a food business, there are restrictions on what can be sold, how much can be earned annually, and how sales can be made. One of the key restrictions is that cottage food operators are not allowed to have employees, and all work, including delivery, must be done by the operator themselves.
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What You'll Learn
- Florida cottage food law does not require a license, permit, or inspection
- No outside help is allowed, including employees
- Only non-potentially hazardous foods are allowed
- Food products must be labelled in accordance with the requirements of the Act
- Home-based food businesses are subject to all appropriate business taxes in the county in which they are located
Florida cottage food law does not require a license, permit, or inspection
Florida's cottage food law has been improved over the years, with the state now having a good cottage food law. This is largely because it does not require a license, permit, or inspection, making it very easy for a producer to start selling.
Cottage food laws are a set of regulations that govern the production and sale of certain types of homemade food products. These laws were created to support small-business owners in operating from their homes without needing food licenses or permits, commercial-sized kitchens or facilities, or inspections by any state government entity.
Florida's cottage food law does not require a license, permit, or inspection from the Florida Department of Agriculture and Consumer Services (FDACS). It also does not require any training from the agriculture department. However, it is important to note that cities and counties can enact their own ordinances restricting someone from selling food products out of their home. Therefore, it is crucial to double-check the rules and requirements of your location and follow all the specified guidelines.
Additionally, while not required by the state, it is still recommended to follow basic food safety and hygiene principles to avoid food poisoning. This includes ensuring that all food products sold are prepackaged and labeled correctly. The label must include a clearly printed statement that reads, "Made in a cottage food operation that is not subject to Florida's food safety regulations."
Furthermore, cottage food operators are restricted to selling only non-potentially hazardous foods, which are typically foods that do not need to be refrigerated and do not contain meat, cheese, or other ingredients that may spoil easily.
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No outside help is allowed, including employees
Florida's cottage food law has evolved significantly since its first enactment in 2011. The law has been amended several times, making it easier for producers to sell their goods. Notably, the law does not require a license, inspection, or training from the agriculture department. However, one of the most significant restrictions in the Florida Cottage Food Law is that it prohibits any outside help, including employees.
According to the law, cottage food operators cannot hire employees or volunteers. This means that all the work, including preparation and delivery, must be done by the operator themselves. The only exception is that food can be delivered by a third-party delivery service. This restriction is in place to maintain the integrity of the cottage food business model, which is typically a small-scale, home-based operation.
The law also has other requirements that cottage food operators must follow. For instance, cottage food businesses can only sell directly to the end customer and cannot sell wholesale to grocery stores, restaurants, or coffee shops. Additionally, they must adhere to specific labeling requirements, including providing information such as the name and address of the cottage food operation, a list of ingredients, and allergen information.
While the Florida Cottage Food Law offers many benefits to entrepreneurs, such as a high annual sales limit of $250,000 and the ability to sell online and at various venues, the restriction on outside help can be a challenge for those looking to expand their business. This limitation may hinder the growth of cottage food operations, as the sole operator may struggle to keep up with demand as their business becomes more successful.
Despite this restriction, there are still ways for cottage food businesses to expand. For example, they can rent space in a licensed commercial kitchen or partner with a co-packer to produce their goods. By utilizing these strategies, cottage food operators can focus on growing their business while adhering to the limitations set by the Florida Cottage Food Law.
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Only non-potentially hazardous foods are allowed
Florida's cottage food law has improved significantly over time. The state now has a good cottage food law, especially since it is very easy for a producer to start selling. No license, inspection, or training from the ag department is required. Producers can sell up to $250,000 of non-perishable products per year. However, the law does not allow indirect sales. Producers must sell directly to the end customer and cannot sell wholesale to grocery stores, coffee shops, or restaurants.
Only "non-potentially hazardous" foods are allowed under Florida's cottage food law. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Foods that are low-acid and require temperature controls, such as milk, are considered potentially hazardous. Pumpkin butter, for example, is considered potentially hazardous because it may support the growth of harmful bacteria and cause foodborne illness.
In addition to the types of food allowed, there are other restrictions that fall under Florida's cottage food law. Commercial equipment and kitchens are prohibited, and sales are limited to direct, face-to-face transactions. Cottage food products cannot be sold alongside non-cottage food items. For instance, if you have a permit to sell shaved ice at an event, you cannot also sell your cottage food products. Cottage food businesses are the only type of food operations that do not need permits in Florida, as long as they follow certain stipulations.
With the 2022 changes to the law, home kitchen operators will be able to cook, prepare, and deliver entire meals. The food can be delivered to customers by an employee or a third-party delivery service. It is important to note that all home kitchen operators and their employees must have completed a food safety education certificate program.
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Food products must be labelled in accordance with the requirements of the Act
In Florida, individuals can manufacture, sell, and store specific types of cottage food products in their primary home kitchen. This is in accordance with Florida Statute 500.80. Food products must be labelled in accordance with the requirements of the Act.
Cottage food products must be labelled with the name and physical address of the Cottage Food Operation. Additionally, the label must include the statement: "Made in a cottage food operation that is not subject to Florida's food safety regulations". This statement must be printed in at least 10-point font in a contrasting colour to the label background.
All cottage food products must be prepackaged for individual sale with the required cottage food label affixed. This includes specific information about allergens and cross-allergenicity. For example, the eight major food allergens must be listed, and other ingredients that may cause cross-allergenicity, such as lupine flour, which may trigger an allergic reaction to peanuts.
Cottage food operators must also comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage, and sale of cottage food products. For instance, Miami-Dade requires that operators obtain a business license, while Lee County requires a Local Business Tax account.
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Home-based food businesses are subject to all appropriate business taxes in the county in which they are located
Florida's Cottage Food Law has been amended several times since its first passing in 2011, making it easier for home-based food businesses to operate. Notably, these businesses do not require a license, inspection, or training from the agriculture department. They are, however, subject to all appropriate business taxes in the county in which they are located.
Home-based food businesses in Florida are not required to obtain a permit or license to operate, and they are exempt from Florida's food safety regulations. This exemption applies as long as the food products are non-potentially hazardous, meaning they do not require time or temperature controls to safely limit toxins or pathogenic microcosm growth. Examples of non-potentially hazardous foods include items that do not need to be refrigerated, such as boiled peanuts, boiled sugar cane, and sorghum syrup.
While home-based food businesses in Florida are subject to county taxes, there are some nuances to the sales tax rules. Food products sold by cottage food operators are generally exempt from sales tax as long as they do not provide facilities where customers can eat on-site. This means that as long as the food is "take and go," there is typically no applicable sales tax. However, certain food items may be subject to sales tax, such as soft drinks. Additionally, meals sold in Florida, such as restaurant meals or prepared items meant to be eaten immediately, are generally subject to state and local sales tax.
It is important to note that the rules and regulations for home-based food businesses can vary from county to county, and there may be local ordinances that supersede state law. Therefore, it is crucial for individuals wishing to start a home-based food business in Florida to contact their local tax collector to understand their specific tax obligations.
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Frequently asked questions
No. Florida Cottage Food Laws do not allow operators to hire employees of any type, including temporary, full-time, part-time, or volunteers. This means you must do all the work and deliveries yourself.
A Cottage Food Operation is a person who produces or packages cottage food products at their residence and sells them in accordance with Section 500.80, Florida Statutes. Cottage Food Products are non-potentially hazardous foods that do not require temperature controls to safely limit toxins or pathogenic microcosm growth.
All Cottage Food Products must be prepackaged for individual sale with a label that includes the name and address of the Cottage Food Operation, the name of the product, ingredients in descending order or weight, net weight or volume, allergen information, and a statement that the product was "Made in a cottage food operation that is not subject to Florida's food safety regulations" in 10-point font or larger.
No, 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. However, you should check with your local city or county office, as local governments can enact ordinances restricting Cottage Food Operations in personal residences.
