Brevard County, FL Home Business: Cottage Food Operations (2026)
Key Facts
- Cottage food ordinance
- None in the county code
- Governing local rule
- Home occupation, section 62-1155
- Cottage industry
- Handmade goods, hobby scale
- Sales on premises
- No commodity sold on site
- Health permit
- Required for food establishments
Summary
The Brevard County code has no cottage food ordinance. A food business run from a house is treated as a home occupation under section 62-1155, and section 54-126 requires a county health department permit to operate a food establishment.
F.S. 500.80 500.80  Cottage food operations. — (1)(a)  A cottage food operation must comply with the applicable requirements of this chapter but is exempt from the permitting requirements of s. 500.12 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed $250,000. (b)  For purposes of this subsection, a cottage food operation’s annual gross sales include all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation. A cottage food operation must provide the department, upon request, with written documentation to verify the operation’s annual gross sales. (2)  A cottage food operation may sell, offer for sale, and accept payment for cottage food products over the Internet or by mail order. Such products may be delivered in person directly to the consumer, to a specific event venue, or by United States Postal Service or commercial mail delivery service. A cottage food operation may not sell, offer for sale, or deliver cottage food products at wholesale. (3)  A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information: (a)  The name and address of the cottage food operation. (b)  The name of the cottage food product. (c)  The ingredients of the cottage food product, in descending order of predominance by weight. (d)  The net weight or net volume of the cottage food product. (e)  Allergen information as specified by federal labeling requirements. (f)  If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements. (g)  The following statement printed in at least 10-point type in a color that provides a clear contrast to the background of the label: “Made in a cottage food operation that is not subject to Florida’s food safety regulations.” (4)  A cottage food operation may only sell cottage food products that it stores on the premises of the cottage food operation. (5)  This section does not exempt a cottage food operation from any state or federal tax law, rule, regulation, or certificate that applies to all cottage food operations. (6)  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; however, a cottage food operation must comply with the conditions for the operation of a home-based business under s. 559.955 .
Full Breakdown
The phrase cottage food does not appear anywhere in the county code. What does apply is section 62-1155, which permits home occupations in all residential zoning classifications and defines cottage industries as small scale or hobby manufacturing, assembly or production of handmade goods on a scale accessory to residential use. No commodity may be sold on the premises, all work and storage must happen inside, and only one person outside the immediate family may be employed. Separately, Chapter 54, Article IV requires a permit from the county health department to operate a food establishment anywhere in the county, incorporated or not.
Violations & Fines
Operating a food establishment without a valid permit is punished under section 1-7: a fine of up to $500.00 or up to 60 days in the county jail, with each day of a continuing violation counted separately.
Frequently Asked Questions
Does Brevard County have a cottage food ordinance?
Can I sell food I make at home from the house itself?
Sources & Official References
Other rules in Brevard County
Florida rules heatmap·Compare Brevard County to another location·View the Florida home business overview
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