Davie's home occupation definition (Code Sec. 12-34(N)(1)) expressly includes a cottage food operation, so home-based food businesses are allowed in residential dwellings. The substantive rules - no state license/inspection and a $250,000 annual gross-sales cap - are set by Florida's cottage food law, Fla. Stat. 500.80 (administered by FDACS).
Town of Davie Code Sec. 12-34(N)(1) defines a home occupation to expressly include 'a cottage food operation,' confirming that selling cottage foods made in a home kitchen is a permitted home occupation in Davie's residential districts (subject to the same Sec. 12-34(N) residential-character, indoor-retail, employee, and parking limits, and a Town business tax receipt). The operating standards for cottage food are state-set, not local. Under Fla. Stat. 500.80, a cottage food operation that sells qualifying shelf-stable foods (such as breads, cakes, cookies, jams, jellies, dry mixes, and candies) does not need a state license or kitchen inspection from the Florida Department of Agriculture and Consumer Services (FDACS), provided annual gross sales do not exceed $250,000. FDACS may inspect a cottage food operation 'only upon receipt of a complaint.' Products must be prepackaged with a label that includes the operation's name and address, the product name, ingredients in descending order by weight, net weight/volume, allergen information, and the statement 'Made in a cottage food operation that is not subject to Florida's food safety regulations' in at least 10-point type. Perishable, refrigerated, meat, and most dairy items are excluded. Davie does not impose additional cottage food regulation beyond its home-occupation standards and business tax receipt.
Exceeding the $250,000 annual gross-sales cap, selling non-qualifying (perishable/refrigerated) foods, or failing to label products as required violates Fla. Stat. 500.80 and is enforced by FDACS. Locally, a cottage food operation that breaches the Sec. 12-34(N) home-occupation standards or operates without a Town business tax receipt is enforceable by Davie Code Compliance.
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