SALES AND MARKETING

On July 1, 2021, a senate bill known as the “Home Sweet Home Act” took effect and amended previous cottage food requirements in Florida. Gross sales for cottage food operations may not exceed $250,000 annually. Cottage food operations may sell, offer for sale, and accept payment over the internet or by mail. Products may be sold at farmer’s markets, pop-up markets, flea markets, and roadside stands (provided there are no other food items for sale that require a retail food permit). Products may be delivered in person directly to the consumer, to a specific event venue, or shipped across state lines by the United States Postal Service or commercial mail delivery service. Cottage food products may not be sold, offered, or delivered for consignment or wholesale.

ALLOWABLE FOODS

Foods manufactured under the cottage food law are limited to products considered low risk for causing foodborne illness. Many products cannot be manufactured under the cottage food exemption because they require time/temperature control for food safety to limit pathogenic microorganism growth or toxin formation.

Allowable cottage food products do not require temperature control for safety. These foods have a low risk of foodborne illness, may be prepared in an unlicensed home kitchen, and require specific packaging and labeling. Some examples of food products under Florida’s Cottage Food exemption include:

• Loaf bread, rolls, and biscuits
• Cakes, pastries, and cookies
• Candies and confections
• Honey
• Jams, jellies, and preserves made from high acid fruits only
• Fruit pies and dried fruit
• Dry herbs, seasonings, and mixtures
• Homemade pasta
• Cereals, trail mixes, and granola
• Coated or uncoated nuts
• Vinegar and flavored vinegar
• Popcorn, popcorn balls
• Nut butter (including almond, peanut, cashew, etc.)
• Tinctures and extracts (Contact the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco for additional information about alcohol content)

Remember that even though the above products are not considered potentially hazardous, safe food handling and best processing practices ensure your food product’s safety.

PROHIBITED FOODS

• Salsa, barbecue sauces, ketchup, and/or mustards
• Canned fruits and vegetables, chutneys, vegetable butter and jellies, flavored oils, hummus, garlic dip, and salsas
• Fish or shellfish products
• Canned pickled products such as corn relish, pickles, sauerkraut
• Raw seed sprouts
• Bakery goods that require any type of refrigeration, such as cream, custard, or meringue pies and cakes or pastries with cream cheese icings or fillings
• Eggs, milk, and dairy products, including hard, soft, and cottage cheese and/or yogurt
• Cut fresh fruits and/or vegetables. Juices made from fresh fruits or vegetables
• Ice and/or ice products
• Fresh or dried meat, or meat products including jerky
• Foods with meat fillings (such as empanadas)
• Focaccia-style bread with vegetables and/or cheeses
• Homemade icings and frostings made from dairy-based cream cheese and/or butter
• Any products containing hemp, hemp extract, or CBD derived from the plant Cannabis sativa L.
• Syrups (including elderberry syrup)

LABELING REQUIREMENTS

Cottage food operators may only sell allowed products that are prepackaged and labeled for individual sale. The affixed product label is required to include the following information:

• Name and physical address of the cottage food operation;
• Name of the cottage food product;
• Ingredients of the product in descending order by weight;
• Net weight or net volume of the product; and
• Allergen information, as specified by federal labeling requirements, must be clearly labeled if any of the following ingredients are in the product:
  • Milk
  • Eggs
  • Wheat
  • Peanuts
  • SoybeansThe regulation of cottage food operations is preempted by the state. A lo
  • Fish (including shellfish, lobster, crab, or shrimp)
  • Tree nuts (almonds, pecans, walnuts, etc.)
  • Sesame
• Cottage food operation statement printed in at least 10-point font in a contrasting color to the label background: “Made in a cottage food operation that is not subject to Florida’s food safety regulations.”

FURTHER RESOURCES

Visit the Lee County Extension Office or contact Family and Consumer Sciences Agent Jennifer Hagen at 239-533-7510 or email Jennifer here.

Florida Department of Agriculture and Consumer Services (FDACS) Cottage Food Operations Guidance: https://www.fdacs.gov/content/download/70108/file/Cottage-Food-Brochure.pdf

Florida Statute 500.80 (Cottage Food Operations): http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0500/Sections/0500.80.html

“Home Sweet Home Act”: https://www.flsenate.gov/Session/Bill/2021/1294/BillText/c1/PDF