Agritourism and other farm activities offer farmers a unique way to connect with their community while increasing income without obtaining more acreage. Inviting visitors onto the farm not only strengthens relationships with customers but also creates opportunities to sell products directly to them. In Florida, some of these products can be sold without a food permit under the Cottage Food Law, making it easier for small-scale producers to get started, although certain requirements must be met.
What Is the Florida Cottage Food Law?
Florida’s Cottage Food Law allows individuals to produce and sell certain low-risk foods without obtaining a food permit, as long as they follow specific rules. These foods must be prepared in a home kitchen and sold directly to consumers, either in person, online, or by mail. Annual gross sales must not exceed $250,000, and full compliance with all regulations is required.
What products are considered Cottage Foods?
Cottage foods generally refer to shelf-stable items that do not require refrigeration. Among the products that are allowed to be sold as cottage foods are:
- Breads, rolls, biscuits
- Cakes, cookies, and pastries (no refrigeration required)
- Candies and confections
- Fruit jams, jellies, and preserves made from high-acid fruits only.
- Fruit pies and dried fruits
- Dry herbs, spices, and seasoning blends
- Honey
- Homemade dry pasta (not prepared dishes)
- Granola, cereal, and trail mix
- Nuts (coated or uncoated)
- Vinegars and flavored vinegars
- Popcorn and popcorn balls
- Nut butter
What Products are not allowed under the Cottage Food Law?
Foods that require refrigeration or stricter food safety controls are not permitted under cottage food laws. These include:
- Salsas, barbecue sauces, ketchup, and mustard
- Canned vegetables, pickled products, chutneys, or relishes
- Meat, eggs, poultry, fish, or shellfish products
- Dairy products such as milk, cheese, and yogurt
- Baked goods with cream, custard, meringue, or cream cheese fillings
- Fresh-cut fruits and vegetables or juices
- Ice or ice products
- Raw seed sprouts
- Focaccia-style breads with vegetables or cheese
- Homemade dairy-based frostings or icings
- Any products containing hemp or CBD
- Juiced and bottled produce
Labeling Requirements
Even without a permit, cottage food operators must follow strict labeling rules. All products must be prepackaged and labeled in English. Labels must include:
- Name and address of the operation
- Product name
- Ingredient list in descending order by weight
- Net weight or volume
- Allergen information (as required by federal law)
- Nutritional information (if any claims are made)
In addition, the label must clearly display the statement:
“Made in a cottage food operation that is not subject to Florida’s food safety regulations.”
This statement must be in at least 10-point font and contrast with the background.
What are Food Allergens?
Food allergens are ingredients that can trigger allergic reactions in some individuals, ranging from mild to severe. Cottage food labels must identify any major allergens present, including:
- Milk
- Eggs
- Wheat
- Peanuts
- Soybeans
- Fish and shellfish (for example, shrimp, crab, etc.)
- Tree nuts (for example, almonds, pecans, walnuts, etc.)
What to Remember When Selling Cottage Foods
When selling Cottage Foods, farmers need to keep these important guidelines in mind:
- All food must be produced in your home kitchen (not a commercial kitchen, nor anybody else’s kitchen)
- Sales must be direct to consumers; no wholesale or retail distribution is allowed.
- Products can be sold at farmers’ markets, roadside stands, and through mail order
- Sales are limited to within Florida; interstate sales are not allowed under cottage food laws.
- Annual sales cannot exceed $250,000. If you do exceed, you will no longer be considered a cottage food operation, and certain permits may be needed.
- All products must be properly packaged and labeled following all cottage food regulations.
- Free samples are allowed, but they must be prepackaged.
- Operators must follow all applicable tax laws and regulations when selling cottage foods.
- The Cottage Food Law is regulated by the Florida Department of Agriculture and Consumer Services (FDACS).
Conclusion
Florida’s Cottage Food Law provides farmers with a valuable opportunity to expand income by selling certain low-risk, homemade foods directly to consumers without needing a permit. Even without a permit, producers must strictly follow guidelines on allowable products, labeling, sales limits, and food safety. By understanding and complying with these requirements, farmers can confidently diversify their operations, increase their revenue, and strengthen connections with their local communities.
For more information about cottage foods, visit the Florida Department of Agriculture and Consumer Services (FDACS) Cottage Food Website or access the following “Ask IFAS” publication called “Cottage Food in Florida”.
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