Santa Rosa County, FL Home Business: Cottage Food Operations (2026)

Florida Statutes § 500.80 sets the entire framework for cottage food operations, and subsection (6) states that the regulation of cottage food operations is preempted to the state. A county ordinance in Santa Rosa County cannot prohibit a cottage food operation, and it cannot regulate the preparation, processing, storage, or sale of cottage food products by one. The single local touchpoint is the closing clause of subsection (6): the operator must comply with the conditions for the operation of a home-based business under s. 559.955.

The state exemption is a permit exemption, not a regulatory vacuum. Under subsection (1)(a), an operation must still comply with the applicable requirements of Chapter 500 but is exempt from the permitting requirements of s. 500.12 when it complies with s. 500.80 and its annual gross sales of cottage food products do not exceed $250,000. Subsection (1)(b) counts all sales at any location, regardless of the types of products sold or the number of persons involved, and the operator must give the department written documentation of annual gross sales on request.

Subsection (2) allows sales over the Internet or by mail order, with delivery in person to the consumer, to a specific event venue, or by United States Postal Service or commercial mail delivery service. Selling, offering for sale, or delivering at wholesale is barred. Subsection (3) allows only prepackaged products with a label showing the operation's name and address, the product name, ingredients in descending order of predominance by weight, net weight or net volume, allergen information under federal labeling requirements, and nutritional information if any nutritional claim is made. The label must also carry the statement "Made in a cottage food operation that is not subject to Florida's food safety regulations" in at least 10-point type in a color that contrasts with the background. Subsection (4) limits sales to products stored on the operation's premises, and subsection (5) keeps state and federal tax obligations in place.

Enforcement runs through the state department, not the county. Under subsection (7), the department investigates complaints, and only upon receipt of a complaint can its officer or employee enter and inspect the premises. The statute was most recently amended by s. 89, ch. 2025-22.