Dunedin cannot prohibit or specifically regulate cottage food operations because Florida Statute 500.80 preempts local regulation. Operators may sell up to $250,000 annually in eligible non-potentially-hazardous foods produced in their home kitchens.
Florida's Cottage Food Law (Section 500.80, Florida Statutes), as amended by the Home Sweet Home Act, expressly preempts local regulation of cottage food operations. Dunedin may not prohibit or impose ordinances regulating preparation, processing, storage, or sale of cottage food products. Operators may produce eligible low-risk foods (baked goods, candies, jams, dried herbs, certain non-potentially-hazardous items) in their primary home kitchen and sell them in person, online, by mail, or through delivery to consumers. Annual gross sales must not exceed $250,000. Products must be properly labeled, including the operator's name, address, and a statement that the food is made in a home kitchen not subject to state inspection.
Selling non-approved food categories or exceeding the $250,000 annual cap subjects the operator to FDACS enforcement; mislabeled products can be ordered withdrawn from sale.
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Side-by-side rule comparisons with other cities in Pinellas County.
See how other cities in Pinellas County handle cottage food operations.
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