Florida Statewide Rule
Florida Cottage Food Operations Statewide Preemption
Key Facts
- Statute
- Fla. Stat. 500.80
- Annual Sales Cap
- $250,000
- License Required
- None
- Local Preemption
- Yes - express
Summary
Florida's Cottage Food Operations Act preempts local regulation, allowing home production of non-potentially hazardous foods up to a statewide gross sales limit.
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.
Full Breakdown
Fla. Stat. 500.80 authorizes cottage food operations to produce, package, and sell non-potentially hazardous foods (baked goods, jams, candies, dry herbs) from an unlicensed home kitchen. The statute caps annual gross sales at $250,000 and expressly preempts local government regulation: a county or municipality may not require a license, permit, or fee for cottage food operations or prohibit them in residential zones. Sales may occur direct-to-consumer, online, by mail, and at farmers markets.
Violations & Penalties
Operating outside statutory product categories or above the sales cap subjects operators to enforcement by the Florida Department of Agriculture and Consumer Services, including stop-sale orders and fines.
Frequently Asked Questions
Can my Florida city ban my cottage food business?
What foods qualify under Florida cottage food law?
Sources
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