Palm Beach County, FL Home Business: Cottage Food Operations (2026)
Key Facts
- Authority
- FL §500.80 (state preemption)
- Sales Cap
- 250,000 dollars annually
- State Permit
- Not required
- Local BTR
- Preempted for food activity
- Approved Foods
- Non-TCS shelf-stable only
Summary
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.
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. (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. (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
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.
Violations & Fines
Operating outside §500.80 categories (selling TCS foods like cheesecake or meat dishes): FDACS enforcement, fines, and food-safety prosecution. ULDC violations remain enforceable.
Frequently Asked Questions
Do I need a county license to sell my cookies?
Can I sell cheesecake?
Sources & Official References
Other rules in Palm Beach County
Florida rules heatmap·Compare Palm Beach County to another location·View the Florida home business overview
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