A Beginner’s Guide to Cottage Food Laws: What You Need To Know

If you're a small business owner or a food entrepreneur looking to start selling homemade goods at Florida's farmers markets, roadside stands, or even online, then understanding cottage food laws is crucial. Fortunately, Florida offers a relatively straightforward path for cottage food businesses to thrive, but there are still some important guidelines you need to follow to stay compliant. In this blog post, we’ll break down the key aspects of Florida’s cottage food laws, explain how to start your own cottage food business, and highlight the steps for proper labeling, packaging, and selling your products.

What Are Cottage Foods?

First things first, let’s define what “cottage foods” means. These are non-hazardous food items that can be made at home and sold to the public without requiring a commercial kitchen or a food permit. Cottage foods generally include low-risk, shelf-stable products like baked goods, jams, dried herbs, and candies—foods that don’t need to be refrigerated and can safely sit at room temperature.

Florida allows these homemade food items to be sold at farmers markets, flea markets, and roadside stands. You can also sell them online or ship them across state lines. However, there are some important restrictions and rules you need to follow to stay within the law.

What Can You Sell Under Cottage Food Law?

In Florida, cottage food businesses can sell a wide variety of products as long as they meet certain requirements. These include:

• Baked Goods: breads, cakes, cookies, pies (fruit-only), and crackers.
• Candy and Confections: chocolates, fudge, hard candies, brittles, and caramel.
• Fruit Products: jams, jellies, preserves, and dried fruits.
• Dry Mixes: soup mixes, baking mixes, and spice blends.
• Honey and Syrups: pure honey, maple syrup, and sorghum syrup.
• Nuts and Nut Products: roasted nuts and nut butters.
• Dehydrated Products: dried herbs, dried vegetables, and dried pastas.
• Vinegar and Flavored Oils.
• Popcorn: including popcorn balls.

Cottage foods are considered “non-hazardous,” which means that even if bacteria or harmful microorganisms are present, the product doesn’t need to be controlled by time or temperature. This is what allows these food items to be made at home and sold without the need for commercial kitchen space.

What Are the Key Cottage Food Requirements?

Florida's cottage food law offers some flexibility for home-based food businesses, but there are still several important rules you’ll need to follow.

1. No Food Permits Needed: Florida cottage food producers don’t need a permit from the Florida Department of Agriculture and Consumer Services (FDACS) to sell their products at farmers markets or roadside stands, as long as their products meet the necessary requirements.
2. Sales Limits: Your business can’t make more than $250,000 in gross sales per year. If you exceed this threshold, you will need to comply with additional regulations.
3. No Other Food Items: You can’t sell any other food items at your stand or booth that require a food permit (such as items made with dairy, meat, or fresh produce).
4. Labeling: All cottage food products must be properly labeled. The label must include:
• The name and address of the cottage food operation.
• The name of the product.
• An ingredient list, listed in descending order of predominance by weight.
• The net weight or volume of the product.
• Allergen information.
• The statement: “Made in a cottage food operation that is not subject to Florida’s food safety regulations.” (This must be in at least 10-point font).
5. Sample Packaging: If you’re offering samples of your products, they must be pre-packaged in your home kitchen before you bring them to the market.
6. No Nutritional Testing: You don’t need lab testing to create an official ingredient list or nutritional breakdown for your products unless you’re making a specific nutritional claim. However, if you do make claims (like “gluten-free” or “organic”), you’ll need to back them up with certifications from the appropriate agencies.
7. No Wholesale or Consignment Sales: Cottage foods cannot be sold wholesale or on consignment. All sales must be direct to the consumer.
8. Selling Online and Shipping: You can sell cottage foods online and ship them directly to consumers or event venues, as long as you follow all labeling and sales restrictions.

Although this blog is to inform users about cottage food laws and proper labeling, it’s important to do individual research before selling goods. Some states may have different regulations on cottage foods. 

What Foods Are NOT Considered Cottage Foods?

Certain types of foods cannot be made under the cottage food law, as they pose a higher risk to public health. These include:

• Dairy-based Items: Butter, cream cheese, and other perishable dairy products.
• Meats: Raw animal meat, poultry, or seafood.
• Raw Seeds or Sprouts: These are considered too risky.
• Cut Produce: Cut melons, leafy greens, and similar perishable items.

The Importance of Proper Packaging and Labeling

As a cottage food seller, your product labels play a significant role in consumer safety, satisfaction, and your brand's reputation. Proper packaging protects the product, while clear and accurate labeling helps consumers make informed decisions. When you work with a printer like LabelValue, you can easily create labels and packaging that follow proper regulations, while also representing your brand. Custom food labels can help cottage food sellers to add a touch of their design to products and enhance their overall brand. 

In Florida, allergen labeling is essential, and you’ll need to ensure that your products are clearly labeled with ingredients, net weight, and the required statements. Many farmers markets and direct sales venues also require a food establishment license, even for cottage foods, so make sure to check local policies before applying for a booth.

Florida’s cottage food laws provide a fantastic opportunity for small food businesses to start selling homemade goods without the hassle of commercial kitchen requirements. By following the guidelines on labeling, sales limits, and product types, you can legally sell at farmers markets, online, or even through direct-to-consumer shipments. Just remember to keep your product labels clear, concise, and compliant with the law—and always double-check local market rules before setting up your stand.

If you’re ready to start your cottage food business, it’s time to get creative and create the perfect label to represent your product and brand today!