Orlando, FL Home Business: Cottage Food Operations (2026)

Florida Statute 500.80 (the Cottage Food Law) was significantly expanded in 2021 by HB 663, raising the gross sales cap from 50,000 to 250,000 dollars and authorizing online and mail-order sales. The law preempts municipal regulation of cottage food operations, meaning Orlando and Orange County cannot impose their own permits, license fees, inspections, or product approvals on the cottage food activity itself. Operators do not need to register with the Florida Department of Agriculture and Consumer Services, but they must follow the statute exactly. Permitted foods are non-time-temperature-control-for-safety items: breads, cookies, cakes (without cream or custard fillings that require refrigeration), pastries, jams, jellies, fruit pies, dried herbs, dry baking mixes, popcorn, candy, chocolates, honey, vinegar, and similar items. Prohibited items include meat, poultry, seafood, dairy, cut produce, fermented foods (sauerkraut, kombucha), garlic-in-oil, low-acid canned goods, and anything requiring refrigeration. Every product label must include the producers name and address, the product name, ingredients in descending weight order, net weight or volume, allergen disclosure, and the statement Made in a cottage food operation that is not subject to Florida food safety regulations in 10-point or larger type. Sales must be direct to the end consumer, including in-person at the home, farmers markets, roadside stands, festivals, fairs, and through internet or mail order shipped from the home. Sales to retail stores, restaurants, or wholesalers are prohibited. While Orlando cannot regulate the cottage food activity, the home itself remains subject to standard zoning. Orlando Land Development Code Chapter 58, Part 5C governs home occupations, and a cottage food operation is treated as a home occupation: no employees outside the household, no on-site retail signage, customer visits limited (typically by appointment only), no detectable odors or noise beyond a normal residence, and no display of stock visible from the street. HOA covenants may further restrict or prohibit home-based businesses regardless of state law. Sales tax registration with the Florida Department of Revenue is required if selling taxable items. Operators should keep clean records of gross sales to demonstrate compliance with the 250,000 dollar cap.