During the 2011 Legislative Session, the Florida Legislature enacted House Bill 7209 allowing individuals to manufacture, sell and store certain types of “cottage food” products in an unlicensed home kitchen. The Cottage Food law became effective on July 1, 2011.
Cottage food products include such items as breads, cakes, cookies, candies, jams, jellies, and fruit pies.
“Cottage food operations” as they are called require no license or permit from the Florida Department of Agriculture and Consumer Services (FDACS), and are
not inspected by any state government entity.
**Gross sales for a cottage food operation must not exceed $15,000 annually**
Products must be sold directly by the cottage food operator to the consumer. Sales by Internet, mail order, consignment or at wholesale are prohibited.
Cottage food products must be labeled in accordance with the requirements as outlined in Section 500.80(5), Florida Statutes, and United States Code of Federal Regulations Title 21, Part 101. All cottage food products, offered for sale to the general public, must be labeled: ”Made in a cottage food operation that is not subject to Florida’s food safety regulations.”
The FDACS may investigate any complaint received against a cottage food operation.
A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information: (printed in English)
~ The name and address of the cottage food operation
~ The name of the cottage food product
~ The ingredients of the cottage food product, in descending order of
predominance by weight; The net weight or net volume of the cottage food product; Allergen information as specified by federal labeling requirements; If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements
~ The following statement 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.”
As a cottage food operator, you must identify if any of your ingredients are made from one of the following food groups: eggs, milk, wheat, peanuts, soybeans, fish and tree nuts. On the label possible allergens are identified as “Contains wheat, eggs, milk, soy and walnuts.” This labeling allows consumers to avoid food which may be harmful to them.