No Pasco County-specific ordinance directly regulates cottage food operations; Florida Statute 500.80 preempts local regulation of cottage food, so the county may not prohibit or regulate a home cottage food operation that complies with state law, though it must still meet the home-based business conditions of Fla. Stat. 559.955.
Florida's Cottage Food Law, Fla. Stat. 500.80, exempts a cottage food operation from food permitting if its annual gross sales of cottage food products do not exceed $250,000, and it expressly preempts the regulation of cottage food operations to the state. Under the statute, a local law, ordinance, or regulation may not prohibit a cottage food operation or regulate the preparation, processing, storage, or sale of cottage food products. A cottage food operation must, however, comply with the conditions for operating a home-based business under Fla. Stat. 559.955. Because of this state preemption, Pasco County does not impose its own separate cottage food permit or sales restrictions on home kitchens in unincorporated areas.
Exceeding the $250,000 annual cottage food sales cap or failing to meet the home-based business conditions of Fla. Stat. 559.955 removes the state exemption and may subject the operation to standard food-permitting and zoning requirements.
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