by LUIS RODRIGUEZ, UF/IFAS Polk Extension
Agritourism offers agricultural businesses a valuable opportunity to engage with the local community by welcoming visitors to the farm, fostering stronger relationships with customers. In Florida, many farmers who participate in agritourism also sell products directly from their farms as a way to expand their customer base and increase income. While certain products that farmers sell require a food permit, others may be sold without one, under Florida’s Cottage Food Law.
What Is the Cottage Food Law?
The Cottage Food Law permits individuals to produce and sell certain low-risk food items without obtaining a permit, as long as they adhere to specific regulations. These products must be prepared in a home kitchen and sold directly to consumers, whether in person, online, or by mail, with annual gross sales not exceeding $250,000. Full compliance with all legal requirements is essential.
Among the foods approved for sale under cottage food laws are:
- Bread, rolls, and biscuits
- Cakes, cookies, and pastries that do not require refrigeration
- Candies and confections
- Fruit-based jams, jellies, and preserves
- Fruit pies and dried fruits
- Dry herbs, spices, and seasoning blends
- Honey
- Homemade pasta (Just the pasta, not prepared pasta or pastas with salsas)
- Cereal, granola, and trail mix
- Coated or uncoated nuts
- Vinegars and flavored vinegars
- Popcorn and popcorn balls
- Nut butter
Food not allowed under the cottage food laws includes:
- Salsa, barbecue, ketchups, and mustard
- Canned fruits and vegetables, chutneys, vegetable butters and jellies, flavored oils, hummus, garlic dip, and salsas
- Fish or shellfish products
- Canned pickle products such as corn relish, pickles, and sauerkraut
- Raw seed sprouts
- Bakery goods that require any type of refrigeration, such as cream, custard, or meringue pies and cakes, or pastries with cream cheese icing or fillings.
- Eggs, milk, and dairy products, including hard, soft, and cottage cheese and yogurt.
- Cut fresh fruits and vegetables. Juices are made from fresh fruits or vegetables.
- Ice and or ice products
- Fresh or dry meat, or meat products, including jerky
- Focaccia-style bread with vegetables and or cheese
- Homemade icings and frostings made from dairy-based cream cheese and or butter
- Any products containing hemp, hemp extract CBD derived from the plant Cannabis Sativa L.
- Juicing and bottling produce
Cottage Food Labeling
Even though farmers are not required to obtain a food permit to sell cottage foods, they are still required to follow regulations and labeling instructions. A cottage food operation is permitted to sell only products that are prepackaged and labeled in accordance with regulatory requirements. Each label must be printed in English and include the following information: the name and address of the cottage food operation, the name of the cottage food product, a list of ingredients in descending order of predominance by weight, the net weight or net volume of the product, allergen information as required by federal labeling standards, and, if any nutritional claims are made, the corresponding nutritional information as specified by federal guidelines. Additionally, the label must prominently display the following statement in at least 10-point font and in a color that clearly contrasts with the background: “Made in a cottage food operation that is not subject to Florida’s food safety regulations.”
What Are Food Allergens?
Food allergens are ingredients that can trigger an immune response in certain individuals, potentially leading to an allergic reaction. The severity of this reaction can range from mild to severe, depending on the individual. Cottage food operations are required to clearly list all potential allergens present in their products on the label. These allergens include:
- Milk
- Eggs
- Wheat
- Peanuts
- Soybeans
- Fish (including shellfish, lobster, crab, or shrimp)
- Tree nuts (such as almonds, pecans, walnuts, etc.)
When selling cottage food, remember the following:
- All the food has to be prepared in your own home kitchen. Commercial kitchens do not fall under the cottage food laws.
- You can only sell directly to consumers. No retail or wholesale is allowed.
- Cottage foods are permitted to be sold through mail-order, as well as at farmers markets, flea markets, and roadside stands, provided that no other food items requiring a food permit are present within your designated space.
- You can only sell in Florida. Interstate sales are not allowed.
- You cannot exceed the $250,000.00 sales limit. If you do, you will no longer be considered a cottage food operation, and certain permits will be required.
- Cottage foods must be appropriately packaged and labeled following regulatory requirements. Cottage food operators are permitted to offer free samples for tasting; however, these samples must be prepackaged in advance.
- A cottage food operation must adhere to all applicable state and federal tax laws, regulations, rules, and certification requirements relevant to cottage food businesses.
- The cottage food law is regulated by the Department of Agriculture and Consumer Services (FDCAS).
For more information about cottage food laws, please read the following “Ask IFAS” publication called “Cottage Food in Florida.”
Or visit the Cottage Foods FDACS website:
Luis Rodriguez is the Polk County Small Farms and Pesticide Education Extension Agent. You can reach him at lrodriguezrosado@ufl.edu or 863-519-1049.