Home food business guide · Last reviewed October 2026
Cottage Food Laws in Florida
Florida caps home food sales at $250,000. No state food permit is required for cottage food, though local requirements may still apply. Foods that need refrigeration have to be made in a commercial kitchen. Of the 40 common products in our finder, 15 can be made in a home kitchen in Florida, many with conditions.
Florida's cottage food law has a $250,000 sales cap, no state permit, and allows both online and mail-order sales. Those terms are generous, but the list of allowed products is narrow and limited to shelf-stable foods.
Frostings are a good example of where the line falls. Florida treats butter icings as foods that need refrigeration, so a buttercream cake is not a cottage food. The same goes for mustard, salsas, hot sauces, and other products Florida calls "wet" foods. As a general food science point, available water supports microbial growth, and moist foods are generally treated more cautiously than dry ones. For a sauce or condiment, the path runs through a commercial kitchen, and shelf-stable jars also need a process authority review.
Quick facts
Sales cap
$250,000
Permit or registration
None
Online & shipping
Online and mail order allowed
Sell through stores
No wholesale, consignment, or stores
Refrigerated & TCS foods
No; wet sauces, mustard, and TCS icings excluded
Quick facts are summarized from 50-state trackers (Ardent Seller, reviewed October 1, 2026, cross-checked with PermitDeck and Food Business Pros). Where the details below differ, follow the state sources listed at the bottom of this page and confirm with the agency.
How 40 common products are treated in Florida, with the condition or reason for each. Items marked "general rule" weren't specifically addressed in the state's guidance.
Allowed from a home kitchen
Sourdough bread. Baked goods are allowed. Fruits or vegetables must be baked into the batter, not used as decoration.
Cookies & brownies. Baked goods are allowed. Fruits or vegetables must be baked into the batter, not used as decoration.
Garlic or herb-infused oil. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Home-cooked meals. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Prepared meals need refrigeration, so they're made in a permitted commercial kitchen.
Kombucha. Juices and bottled beverages aren't allowed.
Needs a canning license
Pepper jelly. Vegetable products and acidified foods aren't allowed under cottage food.
Shelf-stable salsa. Salsas, sauces, and other “wet” products aren't allowed.
Hot sauce. Salsas, sauces, and other “wet” products aren't allowed.
Canned pickles. Pickled vegetables are acidified foods, not cottage foods.
Canned tomato sauce. Tomato and spaghetti sauces are specifically not allowed.
Regulated separately
Beef jerky. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Meat products need USDA or state meat inspection, regardless of kitchen.
Cheese & yogurt. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Dairy products are licensed separately, through the state's dairy program.
Cold-pressed juice. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Juices aren't home-kitchen foods. Wholesale juice needs a Juice HACCP plan with a 5-log pathogen reduction.
Ask the agency first
Macarons. The cookie is a baked good, but buttercream fillings aren't allowed. A shelf-stable filling may qualify.
Fruit tamales. Steamed tamales aren't on FDACS's list.
Low-sugar or freezer jam. Freezer or refrigerated jams would be TCS foods, which aren't allowed.
Confirm the product is shelf-stable and not on FDACS's not-allowed list (no TCS foods, wet sauces, or meat).
No state license, permit, or inspection is needed. Check whether your farmers market needs its own license.
Sell only to end consumers: from home, online, by mail, at markets, or delivered to a private event.
Label every package (see the checklist below).
Legal paths
Cottage food operation
Where
Your home kitchen only, not a rented or commercial kitchen
Sell
To end consumers: from home, online, mail order, farmers markets, roadside stands, and delivery to private events. No wholesale, consignment, or stores.
Sales cap
$250,000 gross per year
Paperwork
None from the state
Commercial kitchen
Where
A permitted commercial kitchen
Sell
Wholesale and retail, including TCS foods and sauces
Sales cap
None
Paperwork
FDACS food permit; usually FDA registration
Commercial canning
Where
Licensed commercial facility
Sell
Shelf-stable salsas, sauces, pickles, and canned foods
Sales cap
None
Paperwork
FDACS permit, process authority review, FDA scheduled-process filing
Label requirements
Required by FDACS on every prepackaged cottage food product, printed in English.
“Made in a cottage food operation that is not subject to Florida's food safety regulations.”. At least 10-point type, contrasting clearly with the background.
Name and physical home address. No P.O. boxes.
Product name
Ingredients in descending order by weight. Include sub-ingredients.
Net weight or net volume
Allergens per federal requirements. Name the specific tree nut.
Nutrition information only if you make a claim
Cakes that can't be labeled. Put all the label information on an invoice delivered with the cake.
Turning a recipe into a product?
Mendocino Food Consulting helps food entrepreneurs with food science, formulation, and process questions. We are food scientists, not attorneys, and we don't provide legal advice.