Cottage food operations in unincorporated Palm Beach County are governed by FL FS §500.80, which preempts local regulation. Producers may sell up to 250,000 dollars annually of approved non-hazardous foods made in a home kitchen without a state food permit or local BTR for the food activity.
FL FS §500.80 (amended 2021 by HB 663) authorizes cottage food operations producing non-time/temperature-control-for-safety (non-TCS) foods such as baked goods, candies, jams, jellies, granola, dried herbs, popcorn, honey, and similar shelf-stable items in a private home kitchen. Annual gross sales capped at 250,000 dollars. Foods must be labeled with producer name, address, ingredients, allergens, net weight, and the statement: Made in a cottage food operation that is not subject to Florida's food safety regulations. Sales allowed direct to consumer in person, by mail order, online, at farmers markets, roadside stands, and certain wholesale to retailers within Florida. No FDACS permit required. PBC may not impose a separate license or BTR on the cottage food activity itself, although a general home occupation must still meet ULDC Art. 4 performance standards. Wellington and the western communities have active farmers markets that welcome cottage food vendors.
Operating outside §500.80 categories (selling TCS foods like cheesecake or meat dishes): FDACS enforcement, fines, and food-safety prosecution. ULDC violations remain enforceable.
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