Cottage Food Laws in Florida

Can You Sell Food and Beverage out of Your Home in Florida?

Yes, you can sell food and beverage out of your home in Florida. You will need to apply for the appropriate permits from the Florida Department of Business and Professional Regulation. Additionally, you may need to adhere to local zoning regulations, county health codes, and obtain a local business license.

What is the Cottage Food Law in Florida?

The Cottage Food Law in Florida (also known as the Florida Home Bakery Act) is a law that allows individuals to prepare certain foods in their own homes and sell them directly to consumers. The law outlines a number of requirements, including labeling, storage, and safety regulations. It also limits the types of food that may be sold, such as baked goods, jams and jellies, and certain canned fruits and vegetables.

What is Required on a Cottage Food Label in Florida?

In Florida, cottage food labels must include the name of the food product, all ingredients listed in order of predominance by weight, the name and address of the cottage food operation, and a “best by” or “use by” date. Additionally, allergen labeling is required on certain products.

Are Cottage Foods Taxable in Florida?

Yes, cottage foods in Florida are taxable. Cottage food products, such as baked goods, jams, jellies, preserves, and candy, are subject to Florida state sales tax.

Do You Need to Establish a Business Entity to Sell Cottage Foods in Florida?

Yes. In order to sell cottage foods in Florida, you must register the business with the Florida Department of Agriculture and Consumer Services and obtain a food license. Depending on the type of business, you may need to register as a sole proprietorship, partnership, limited liability company (LLC), corporation, or other similar business entity.

What Permits do You Need to Sell Food out of Your Home in Florida?

In Florida, anyone selling food directly to the public must obtain a food service license. This includes people who are selling food out of their homes. To obtain a food service license in Florida, you must complete the following steps:

1. Obtain a temporary food permit from your local county health department. Depending on the county, this permit may be known as a cottage food permit, a home-based business permit, or a temporary event permit.

2. Submit an application for a full food service license to the Florida Department of Business and Professional Regulation (DBPR). The DBPR will review the application and inspect the food preparation area to ensure it meets all of the necessary health and safety standards.

3. Complete all necessary paperwork and pay any applicable fees.

4. Receive your full food service license from the DBPR. This license must be displayed at your business location at all times.

It is important to note that certain foods may require additional licenses or permits. For instance, if you are selling milk, ice cream, or other dairy products, you may need an additional dairy product license. Additionally, if you are selling baked goods or other potentially hazardous foods, you may need additional permits or training.

Does a Cottage Food Business Need a Food Handlers License in Florida?

No, a cottage food business does not need a food handlers license in Florida. The State of Florida does not require a food handler’s license for cottage food businesses, as long as the cottage food business follows the requirements outlined in Chapter 500 of the Florida Statutes, which include:

• The food must be non-potentially hazardous and produced in a home kitchen
• The cottage food business must have a valid business license and register with the Department of Agriculture and Consumer Services
• The products must be labeled and packaged correctly
• The cottage food business cannot exceed $50,000 in gross annual sales

How Much does it Cost to Obtain a Food Safety License or Certification in Florida?

In Florida, the cost to obtain a food safety license or certification can vary depending on the type of license or certification you need. The cost to obtain a Food Service Manager Certification can range from $50-$120 depending on where you take the exam. The cost to obtain a Food Handler Certification can range from $15-$20.

Who Regulates Food Safety in Florida?

The Florida Department of Agriculture and Consumer Services’ Division of Food Safety is responsible for regulating food safety in Florida.

How Long Does a Food Handlers License Last in Florida?

The Florida Food Handler license is valid for three years.

What Permits do You Need for a Food Truck in Florida?

In Florida, food truck owners must obtain a mobile food dispensing vehicle permit from the Florida Department of Business and Professional Regulation (DBPR). This permit allows vendors to operate their business in accordance with the Mobile Food Unit Acknowledgement and Rules, which outline what is required to ensure the safety of the food being served. Additionally, food truck operators must acquire a local business permit from the county in which they plan to do business. Finally, all vendors should obtain a sales tax permit from the Florida Department of Revenue.

What Permits do You Need for a Food Booth in Florida?

In Florida, a food booth requires a variety of permits and licenses to legally operate. These permits vary based on the type of food being served, the size of the operation, and the location where the booth is being set up. Before setting up a food booth in Florida, operators should contact their local county health department to learn about specific requirements. Generally, permits and licenses may include:

1. A Temporary Food Establishment Permit. This permit is required to operate a temporary food booth in Florida. The application fee and length of time required for approval will depend on the county.

2. A Food Service Establishment License. This license is required to operate any type of food service establishment, such as a food booth, in Florida. It must be renewed every two years.

3. A Vendor’s License. This license is needed to sell any type of merchandise, including food items, in Florida. The fee and time frame for approval will vary by county.

4. A Sales Tax Permit. Sales tax permits are required in Florida in order to collect and remit sales tax from customers. This permit must be renewed annually.

5. A Business License. Depending on the county, operators may need to obtain a business license before setting up a food booth in Florida.

What Permits do You Need for a Cottage Food Business in Florida?

In Florida, cottage food businesses must obtain a permit from the Florida Department of Agriculture and Consumer Services (FDACS). The permit is called the “Cottage Food Permit” and it allows individuals to prepare and sell certain non-potentially hazardous baked goods and other food items in their home kitchen. The permit also requires that a cottage food business register with the FDACS, receive an inspection of their home kitchen, prepare food in accordance with specific regulations, and label products with specific information.

What are the Penalties for Selling Food without a Permit in Florida?

In Florida, selling food without a permit is illegal. If caught selling food without a permit, the penalties can range from monetary fines, to jail time. In some cases, the permit-holder may be required to pay restitution to any customers who may have been affected by the sale of food without a permit. Additionally, those caught committing this offense may face misdemeanor or felony charges, depending on the severity of the case.