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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

State license
Not required
Annual sales cap
$250,000
Governing statute
FS 500.80
Sales
Direct-to-consumer, mail, online
Local rule
Business tax receipt applies

Summary

Florida law lets you sell homemade non-hazardous foods from your Polk County home without a state license, as long as annual gross sales stay at or below $250,000. Cottage food is governed statewide by FS 500.80.

These county ordinances apply to unincorporated areas of Polk County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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.

Full Breakdown

Under Florida Statutes 500.80, a cottage food operation is exempt from the Department of Agriculture permitting requirements of s. 500.12 if it complies with the section and has annual gross sales of cottage food products that do not exceed $250,000. Cottage foods are non-potentially-hazardous items such as baked goods, jams, and dry mixes. Products must be sold directly to consumers (including by mail order and online), stored in the home, and labeled per the statute. This is a statewide standard; Polk County does not add a local cottage-food license, though a local business tax receipt and home-occupation compliance still apply.

Violations & Fines

Exceeding the $250,000 cap or selling potentially hazardous foods removes the exemption, requiring a food-permit from the Florida Department of Agriculture and Consumer Services and subjecting the operation to inspection and enforcement.

Frequently Asked Questions

Do I need a Florida license to sell homemade food?
No. Under FS 500.80 a cottage food operation is exempt from state permitting as long as annual gross sales do not exceed $250,000 and products are non-hazardous.
Can I sell my baked goods online?
Yes. Florida's cottage food law allows sales directly to consumers, including by mail order and internet, provided products are properly labeled and packaged.

Sources & Official References

Other rules in Polk County

All Polk County rules

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