This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-11
None: cottage food operations require no license, permit, or registration from FDACS and are not inspected by any state entity. FDACS may investigate complaints, and refusing entry after a complaint is grounds for disciplinary action.
None required.
Only non-TCS foods made and stored in your primary residence's kitchen: breads, cakes, pastries, cookies, candies and confections (including cake pops and caramel apples), your own honey, high-acid fruit jams and jellies, fruit pies and dried fruit, fruit butters like apple butter, dried herbs, homemade pasta, granola and trail mix, nuts and nut butters, vinegars, and popcorn.
Anything refrigerated or wet: salsas, sauces, ketchups, canned or pickled products, vegetable butters like pumpkin butter, flavored oils, garlic dips, dairy, fresh juices, jerky and meat-filled foods, cream or meringue pies, cream cheese icings, pumpkin and sweet potato pies, and anything with hemp or CBD.
Direct to consumer only: from home, farmers markets, flea markets, roadside stands, and fair-type venues, plus delivery to a customer's private event like a wedding. Internet and mail-order sales are allowed with delivery in person or by USPS or commercial carrier (treat shipping as within Florida; the statute is silent on interstate). Wholesale is banned: no restaurants, grocery stores, consignment, or third-party delivery, and products may only be made and stored in your home.
Annual sales cap: $250,000 per year (raised from $50,000 by HB 663 in 2021).
Prepackaged with an English label showing: operation name and physical home address (no PO box), product name, ingredients by weight with sub-ingredients, net weight or volume, federal allergen info, and in at least 10-point contrasting type: 'Made in a cottage food operation that is not subject to Florida's food safety regulations.' For unlabelable items like wedding cakes, the info goes on the invoice or box.
Most cottage foods are exempt as food products for human consumption, including jams, honey, snacks, and bakery products sold without eating facilities. Big exceptions: candy and confections are taxable in Florida, and concession-style ready-to-eat sales at fairs are taxable, so many vendors have at least some taxable sales and need a Department of Revenue dealer registration.
Since 2021 state law preempts local regulation: cities and counties may not prohibit a cottage food operation or regulate its preparation or sales, though home-based business conditions on traffic, parking, noise, and signage still apply.
FDACS investigates complaints and can impose administrative fines up to $5,000 per violation plus stop-sale orders for chapter 500 violations.
Selling non-food crafts too? See the Florida craft fair permit and sales tax guide.
Yes, under Cottage Food Operations, Section 500.80, Florida Statutes (expanded by HB 663 in 2021). None: cottage food operations require no license, permit, or registration from FDACS and are not inspected by any state entity. FDACS may investigate complaints, and refusing entry after a complaint is grounds for disciplinary action.
Only non-TCS foods made and stored in your primary residence's kitchen: breads, cakes, pastries, cookies, candies and confections (including cake pops and caramel apples), your own honey, high-acid fruit jams and jellies, fruit pies and dried fruit, fruit butters like apple butter, dried herbs, homemade pasta, granola and trail mix, nuts and nut butters, vinegars, and popcorn. Anything refrigerated or wet: salsas, sauces, ketchups, canned or pickled products, vegetable butters like pumpkin butter, flavored oils, garlic dips, dairy, fresh juices, jerky and meat-filled foods, cream or meringue pies, cream cheese icings, pumpkin and sweet potato pies, and anything with hemp or CBD.
Yes: $250,000 per year (raised from $50,000 by HB 663 in 2021).
Direct to consumer only: from home, farmers markets, flea markets, roadside stands, and fair-type venues, plus delivery to a customer's private event like a wedding. Internet and mail-order sales are allowed with delivery in person or by USPS or commercial carrier (treat shipping as within Florida; the statute is silent on interstate). Wholesale is banned: no restaurants, grocery stores, consignment, or third-party delivery, and products may only be made and stored in your home.
Prepackaged with an English label showing: operation name and physical home address (no PO box), product name, ingredients by weight with sub-ingredients, net weight or volume, federal allergen info, and in at least 10-point contrasting type: 'Made in a cottage food operation that is not subject to Florida's food safety regulations.' For unlabelable items like wedding cakes, the info goes on the invoice or box.
Most cottage foods are exempt as food products for human consumption, including jams, honey, snacks, and bakery products sold without eating facilities. Big exceptions: candy and confections are taxable in Florida, and concession-style ready-to-eat sales at fairs are taxable, so many vendors have at least some taxable sales and need a Department of Revenue dealer registration.
Browse upcoming craft fairs and markets in Florida with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.
Last verified: 2026-06-11. Spotted something out of date? Let us know.