Florida cottage food law: sell up to $250,000 a year from home, online or by mail

In Florida you can make foods that don't need refrigeration in your home and sell them without a state food permit, as long as your cottage food sales stay at or under US$250,000 a year, every product is prepackaged and labeled, and you never sell wholesale. Florida Statutes section 500.80 lets you sell over the internet or by mail order, and deliver in person, to an event venue, or through the U.S. Postal Service or a commercial carrier. There's no registration, no fee and no routine inspection; the Florida Department of Agriculture and Consumer Services (FDACS) only inspects after a complaint.

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Florida cottage food rules at a glance (October 2026)

This is general information, not legal advice. Confirm with FDACS before you start.

Which foods can you sell under Florida's cottage food law?

FDACS lists these as approved cottage food products:

• loaf breads, rolls and biscuits;
• cakes, pastries and cookies;
• candies and confections;
• honey;
• jams, jellies and preserves;
• fruit pies and dried fruits;
• dry herbs, seasonings and mixtures;
• homemade pasta;
• cereals, trail mixes and granola;
• coated or uncoated nuts;
• vinegar and flavored vinegars;
• popcorn and popcorn balls.

The legal test is that the food is not time or temperature controlled for safety. So cheesecake, cream-filled pastries, custard pies and anything with meat are out. Florida's food law also treats hemp extract as a food that needs time and temperature control, so hemp-infused products can't be cottage foods.

Can you sell cottage food online and ship it in Florida?

Yes. Section 500.80(2) says you may sell, offer for sale and accept payment over the internet or by mail order. The products may be:

1. delivered in person directly to the consumer;
2. delivered to a specific event venue; or
3. sent by the United States Postal Service or a commercial mail delivery service.

Shipping to other states: the Florida statute doesn't address it, and FDACS's page doesn't either. Other states' rules and federal food law may apply once a package crosses state lines, so ask FDACS before you ship outside Florida.

Third-party delivery apps: the statute's list doesn't include couriers such as food delivery apps. Stick to the three methods it names.

What goes on a Florida cottage food label?

You can only sell products that are prepackaged with a label attached. Section 500.80(3) requires:

1. the name and address of your cottage food operation;
2. the name of the product;
3. the ingredients, in descending order by weight;
4. the net weight or net volume;
5. allergen information as required by federal labeling rules;
6. nutrition information, but only if you make a nutritional claim;
7. the statement "Made in a cottage food operation that is not subject to Florida's food safety regulations." in at least 10-point type, in a color that contrasts clearly with the label background.

Make labels with the food label maker, and use a dark color for the statement on a light label.

Worked example: a guava pastry baker in Tampa

Prices are illustrative, as of October 2026. A home baker sells boxes of guava pastries (guava paste only, no cream cheese) and Cuban-style bread by pickup, her own local delivery, and mail.

A coffee shop asking to resell her pastries is the one thing she must turn down: Florida bans wholesale for cottage food operations. If she wants that market, she needs a food permit and a permitted kitchen. Work out each box's price in US dollars with the menu price calculator.

How to set up a Menuthere ordering page for Florida rules

1. Add each product with its allergens (allergens and nutrition, every plan) and write the net weight and the Florida statement in the description, so buyers see them before they order.
2. Offer pickup and your own delivery in Settings → Ordering → Order types (order types), and set a delivery radius you can drive.
3. Handle mail orders yourself. Menuthere has no shipping option, so post boxes through USPS or a carrier and agree the postage with the customer.
4. Take orders for a chosen day with pre-orders on Lite, mark large orders as dishes that need notice, and connect Stripe for card payments.
5. Keep a monthly sales total from your orders dashboard, because FDACS can ask for written proof of your annual gross sales.

Menuthere doesn't check Florida law for you; you choose the products and options. Section 500.80 doesn't exempt you from tax law, so ask the Florida Department of Revenue whether your products are taxable, and see our guide to sales tax on restaurant food.

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Other states

Texas caps sales at US$150,000 and bans mail order, Georgia has no cap and, since July 2025, lets you sell to shops and restaurants, and California splits operators into Class A and Class B. Compare them all on the cottage food laws hub.