Do I need a license to sell homemade food in Florida?

Can I legally sell food out of my house in Florida?

Yes–thanks to Florida’s cottage food laws, it’s completely legal to sell food out of your home in Florida. Home-based food businesses are also known as “cottage food” businesses, and in Florida, you don’t need a license or permit from the FDCAS (Florida Department of Agriculture and Consumer Services). You can sell your homemade food directly to customers from your residence, through the internet using a cottage food business sales tool like FormPay, farmers’ markets, flea markets and roadside stands. You cannot sell homemade food at restaurants or grocery stores as it’s considered “wholesale”.

What is needed to start a food business in Florida?

Although you don’t need to fill out any paperwork or fulfill any mandatory requirements like inspections to start your business, most people still find it helpful to follow these steps:

1. Decide what kinds of food you want to sell. This will be helpful when you label your food later on, as well as making sure that your food is OK to sell, because cottage food operations only allow for some types of food to be sold. We cover the types of foods you can sell in a later section below.
2. Label your food properly. Although you don’t need a license, you’re still expected to label your products as according to Section 500.80(3), Florida Statutes, and United States Code of Federal Regulations Title 21, Part 101. Basically, you’ll need to label 
   1. The name and address of the cottage food operation;
   2. The name of the cottage food product;
   3. The ingredients of the cottage food product in descending order of
   4. predominance by weight;
   5. The net weight or net volume of the cottage food product;
   6. Allergen information as specified by federal labeling requirements;
   7. If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements; and
   8. The following statement must be printed in at least 10-point type in a color that provides a clear contrast to the background label: “Made in a cottage food operation that is not subject to Florida’s food safety regulations.”
3. Make sure your home is up to safety standards. Even though the government won’t inspect your home or kitchen, it’s definitely a good idea to keep everything safe and clean for both yourself and your customers. 
4. Set up an online store, or sell in-person at food fairs and farmers’ markets. Once you’ve prepared everything else, it’s time to get your business running. You can either sell at in-person events, or set up an online store with a service like FormPay. 
5. Promote your business: Finally, you can let everyone know about your business. You could start small with word of mouth then reach more people through social media once your business takes off. This article has more tips on how to promote your business. 

How much is a license to sell food in Florida?

The good news is that you don’t need a license, so you don’t need to spend a single dollar other than what you use for the business itself. However, your yearly sales for your Florida-based cottage food operations can’t earn more than $250,000 – any more than that, and it’s no longer a cottage food operation.

What foods are you permitted to sell in Florida?

Again, you don’t need a license or permit in Florida to sell your food, but you can only sell certain types of food. The most basic requirement is that the food should not be able to easily grow germs without time or temperature control. 

Additionally, you CANNOT sell:

• Food containing hemp extract
• Homemade icings/frostings from dairy cream cheese and/or buttercream (with real butter)
• Pet treats
• Cooked vegetable products
• Salsa, barbeque sauce, mustard, and other “wet” products
• Vegetable butters
• Repackaged raw honey purchased from outside the home
• Pumpkin and sweet potato pies
• Juiced produce
• Dehydrated meats
• Foods with meat fillings such as empanadas
• Baked goods made with canned homegrown produce

Meanwhile, you CAN sell:

• Homemade nut butters from ground shelled nuts
• Roasted coffee beans
• Bread baked in an oven in your home kitchen
• Cake pops
• Caramel and candy apples
• Apple butter or other fruit butters
• Raw honey harvested from hives and packaged by yourself
• Vanilla extract
• Tinctures
• Flour ground from wheat and other grains
• Hard candies or lollipops
• Sweet breads, muffins, or other baked goods made with fresh fruits and vegetables
• Baked goods with homegrown fruits and vegetables
• Baked goods made with frozen homegrown produce
• Dry bread mixes or instant bread mixes

How do I sell food online in Florida?

Now that you know what you can and cannot sell, the next step is to get it in the hands of your customers. The fastest way to do that is to sell online using e-commerce tools like FormPay. FormPay is designed for home-based cottage food sales, letting small merchants like you get up and ready with an online presence in minutes. You can manage all your orders in one place and get automatically paid by letting your customers order themselves online on your FormPay store — letting you focus on making your food and promoting your business. Businesses like G Sweetsand Uncle Tim’s Delicacieshave successfully used FormPay to run their food businesses.

Do I need a license to sell vegetables in Florida?

If you’re just selling fresh fruits and vegetables, the Florida Department of Agriculture and Consumer Services doesn’t need you to have a license either, for example if you’re selling them in a farmers’ market. However, if you’re using produce in your cooking, the details are a bit more confusing, so we recommend you carefully review the list above on what you can or cannot sell. 

How to start a home bakery in Florida?

Luckily, as you’ve seen from the list of what cottage foods are and are not allowed, a lot of baked goods are fine to sell as long as you’re baking them at home from start to finish. You can sell them directly from your home too – many independent food businesses, such as G Sweets, which mainly sells baked goods, and Uncle Tim’s Delicacies, have been very successful selling their products online through services like FormPay.

Summary

The good news is that Florida is one of the easiest states to sell homemade food in. You don’t need any kind of permit or license at all, and many kinds of foods are allowed to be sold under the cottage food laws. All you need to do is decide what you want to sell and make it clear, then either sell in-person or online through a tool like FormPay, and you’re already good to go. 

Resources

• Cottage Food Operations
• Community Farmers Markets FAQ