Fort Myers, FL Home Business: Cottage Food Operations (2026)

Florida's Cottage Food Law at FS 500.80 was substantially expanded by HB 663 (2021), which raised the annual gross sales cap to $250,000 and added an explicit preemption clause stating: 'The regulation of cottage food operations is preempted to the state. 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 by a cottage food operation.' Cottage food operations may sell shelf-stable, non-potentially hazardous foods — including baked goods, breads, jams, jellies, honey, dried herbs, candies, fruit pies, and similar items — that do not require time/temperature control for safety. Products must be prepackaged with a label bearing the operator's name and address, product name, ingredients in descending order by weight, net weight/volume, allergen information, and the disclaimer 'Made in a cottage food operation that is not subject to Florida's food safety regulations' in at least 10-point type. Sales may be in person, online, by mail, or at events, but wholesale sales (sales for resale) are prohibited. No state license or inspection is required. Cottage food operations must also comply with the home-based business standards in FS 559.955 — meaning Fort Myers may apply general zoning, signage, parking, and nuisance rules at residential standards, but cannot require a cottage-food-specific permit or impose food-safety requirements.