Starting a small food business in Florida is an exciting opportunity for culinary entrepreneurs to share their homemade creations. Whether you’re interested in selling baked goods, jams, or other non-hazardous foods, Florida offers a flexible framework for small-scale food producers. Here’s an overview of how you can start your food business, including operations that don’t require permits, essential laws, and practical steps to get up and running.
1. What Types of Food Businesses Don’t Require Permits?
In Florida, small food businesses can take advantage of the Florida Cottage Food Law, which allows individuals to sell homemade, non-potentially hazardous foods without needing a permit or commercial kitchen. Some of the foods that qualify include:
- Baked goods (such as bread, cookies, cakes)
- Jams, jellies, and preserves
- Honey and syrups
- Dry herbs, seasonings, and spices
- Granola and cereals
- Candies, confections, and chocolate
These foods can be sold directly to consumers from your home, at farmers markets, roadside stands, and community events. However, online sales are allowed only if the product is delivered in person within the state. For more information on qualifying foods, you can visit the Florida Department of Agriculture and Consumer Services (FDACS).
2. Laws and Steps for Starting a Food Business in Florida
It’s essential to understand the laws and follow the necessary steps to ensure your food business complies with Florida’s requirements. Here’s how you can get started:
A. Cottage Food Law Regulations
Florida’s Cottage Food Law enables small-scale food production from home kitchens with some key rules to follow:
- Sales Cap: You can sell up to $250,000 in gross annual sales under the Cottage Food Law.
- Direct Sales Only: Cottage food sales must be made directly to consumers—online orders are permitted if delivered by hand. However, you cannot sell through third-party retailers such as restaurants, stores, or distributors.
- Labeling Requirements: All food products must include labels with the following information:
- Name and address of the cottage food business
- List of ingredients in descending order by weight
- The statement: “Made in a cottage food operation that is not subject to Florida’s food safety regulations.”
B. Business Registration
While a permit is not required to operate under the Cottage Food Law, you may still need to register your business at the local level. Some steps you should take include:
- Check Zoning Laws: Ensure that operating a home-based food business is allowed in your city or county. Contact your local government to understand any zoning restrictions or additional requirements.
- Sales Tax Registration: Some cottage food items may be subject to sales tax, so it’s important to register your business with the Florida Department of Revenue and obtain a sales tax certificate if applicable.
- Business License: While the state doesn’t require a permit, your local municipality may require a business license to operate legally. Check with your city or county office for more details.
C. Food Safety and Handling
Although the Cottage Food Law allows you to operate without a formal food safety permit, it’s a good idea to follow safe food handling practices. Ensure that your kitchen is clean, ingredients are stored properly, and allergens are clearly labeled. While not required, taking a food safety course can help you produce safe, high-quality products. More information can be found on the FDACS website.
D. Other Food Businesses Requiring Permits
If you want to sell food items not covered by the Cottage Food Law—such as meats, dairy products, or any foods requiring temperature control—you’ll need to work from a licensed commercial kitchen. In this case, you’ll also need to apply for a food establishment permit through the FDACS. Regular health inspections and compliance with state food safety regulations will be required.
*Disclaimer: This article or any content hereof is not a substitute for professional legal advice, does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.