cottage food advisory

8/6/2019 Cottage Food Advisory

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The Department mayinvestigate any com-plaint received against acottage food operation.

The Division of FoodSafety is pleased to pro-vide cottage food op-erators with general andspecific information con-tained in this document.

If you are a prospec-tive cottage food opera-tor, please take sometime to review this guid-ance document so thatyou are better informedabout cottage food op-eration requirements.

During the 2011 Legis-lative Session, the Flor-

ida Legislature enactedHouse Bill 7209 allowingindividuals to manufac-ture, sell and store cer-tain types of cottage

food products in an

unlicensed home kitchen.

Cottage food productsinclude such items asbreads, cakes, cookies,candies, jams, jellies, andfruit pies.

Cottage food opera-

tions as they are called

require no license orpermit from the FloridaDepartment of Agricul-ture and Consumer Ser-

vices (Department), andare not inspected by anystate government entity.

Gross sales for a cot-tage food operationmust not exceed$15,000 annually.Products must be solddirectly by the cottagefood operator to theconsumer. Sales byinternet, mail order, con-signment or at wholesaleare prohibited.

Cottage food productsmust be labeled in ac-cordance with the re-quirements as outlined inSection 500.80(5), Flor-

ida Statutes and UnitedStates Code of FederalRegulations Title 21,Part101.

All cottage food prod-ucts, offered for sale tothe general public, mustbe labeled: Made in a

cottage food operationthat is not subject to Flor-idas food safety regula-

tions.

Cottage food productsmay be sold directly tothe consumer from thecottage food operation,roadside stand or atfarmers markets.

Cottage Food Legislation Signed Into Law

INSIDEWHATTYPEOFFOODSCAN I PRODUCE?

2

WHATTYPESOFFOODARENOTALLOWED?

2

FREQUENTLY ASKEDQUESTIONS

2

LABELINGAND INSPEC-TION REQUIREMENTS

3

COTTAGE FOODCONTACTS, WEBLINKSAND RESOURCES

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Florida Department of Agriculture and

Consumer ServicesAdam H. Putnam, Commissioner

Division of Food Safety

Quick Reference

DefinitionsCottage Food Operation meansa person who produces or pack-ages cottage food products athis or her residence and sells suchproducts in accordance withSection 500.80, Florida Statutes.

Cottage Food Product meansfood that is not a potentiallyhazardous food as defined byDepartment rule which is sold bya cottage food operation inaccordance with Section 500.80,Florida Statutes.

Residence is defined to mean a

primary residence that is occu-pied by an individual who oper-ates a cottage food operationand that contains a single kitchenwith appliances designed forcommon residential usage. Theresidence may only contain onestove or oven, which may be adouble oven designed for non-commercial use.

Potentially Hazardous Food isdefined

(a) "Potentially hazardousfood" means a food that is natu-ral or synthetic and that requirestemperature control because it is

in a form capable of supporting:

(i) The rapid and progressivegrowth of infectious or toxigenicmicroorganisms;

(ii) The growth and toxin produc-tion of Clostridiumbotulinum; or

(iii) In raw shell eggs, the growthofSalmonella Enteritidis.

(b) "Potentially hazardousfood" includes an animal food (afoodof animal origin) that is rawor heat-treated; a foodof plantorigin that is heat-treated orconsists of raw seed sprouts; cut

melons; and garlic-in-oil mixturesthat are not modified in a waythat results in mixtures that do notsupport growth as specifiedunder Subparagraph (a) of thisdefinition.


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Florida Department of Agricult

What Types of Cottage Foods Can I Produce?

What Cottage FoodsAre Not Allowed?

Fresh or dried meat or meat products includ-

ing jerkyCanned fruits, vegetables, vegetable butters,salsas etc.Fish or shellfish productsCanned pickled products such as corn relish,pickles, sauerkrautRaw seed sproutsBakery goods which require any type of re-frigeration such as cream, custard or me-ringue pies and cakes or pastries with cream

cheese icings or fillings

Milk and dairy products including hard, softand cottage cheeses and yogurtCut fresh fruits and/or vegetables. Juicesmade from fresh fruits or vegetablesIce and/or ice productsBarbeque sauces, ketchups and/or mustardsFoccaccia-style breads with vegetables and/or cheeses

As a cottage food op-erator, you are allowed

to produce food itemswhich are considerednotpotentially hazard-ous.

The table (at right)provides a listing of ac-ceptable cottage foodproducts. Although notall inclusive, it providesfor most types of ap-proved cottage foodproducts.

If you have any ques-tions regarding the pro-duction of a particularcottage food productplease contact the De-partments Division of

Food Safety, Bureau of

Food and Meat Inspec-tions at (850) 245-5520.

Loaf breads, rolls, biscuitsCakes, pastries and cookies

Candies and confectionsFruit piesJams, jellies and preservesDried fruits

Dry herbs, seasonings and mixturesHomemade pastaCereals, trail mixes and granolaCoated or uncoated nutsVinegar and flavored vinegarsPopcorn, popcorn balls

Frequently AskedQuestions

Question: Where can I sell mycottage food products?Answer: You may sell yourcottage food products fromyour residence directly to theconsumer. Sales are also ap-proved at farmers markets

and roadside stands.

Question: Can I use the inter-net to sell my cottage foodproducts?Answer: No, the law prohibitssales over the internet, by maiorder, or at wholesale (youcan use the internet to adver-tise your products, provide

pictures and prices etc.)Question: Can I make cottagefood products in an outbuild-ing on my property?Answer: No, the law requirescottage food products bemade in your kitchen andstored in your single familyresidence.

Question: Do I need a permitor license for my cottage foodoperation?Answer: No, you do not needa state permit or license foryour cottage food operation.However, you should checkwith your city or county for anyrequirements they may have..

Question: Is there any limit tohow much I can earn frommy cottage food operation?Answer: Yes, cottage foodoperators are limited to$15,000 in gross sales peryear. It is the operators re-

sponsibility to comply with ap-plicable laws, rules and regu-

lations regarding the collectionof sales tax

Question: Can I make pettreats?Answer: No, the cottage foodlaw applies to human-gradefood only. For more informa-tion about pet treat licensingplease contact the Feed In-spection Program at:(850) 617-7855.


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All cottage food products must be labeled in ac-cordance with the United States Code of Federal

Regulations Title 21, Part 101. As a cottage foodoperator, you must identify if any of your ingredi-ents are made from one of the following foodgroups: eggs, milk, wheat, peanuts, soybeans, fishand tree nuts.

In the sample label (provided at left) possibleallergens are identified as Contains wheat, eggs,

milk, soy and walnuts. This labeling allows con-

sumers to avoid food which may be harmful tothem.

To obtain additional information you may visit thefollowing website which contains more informationregarding federal allergen labeling information:

http://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/

GuidanceComplianceRegulatoryInformation/ucm106187.htm

nd Consumer Services

Florida Labeling Requirements

The cottage food lawrequires specific labelingrequirements for the sale

of cottage food prod-ucts.

A cottage food opera-tion may only sell cot-

tage food productswhich are pre-packagedwith a label affixed thatcontains the followinginformation (printed inEnglish):

The name and ad-dress of the cottagefood operation;

The name of the cot-

tage food product; The ingredients of

the cottage foodproduct, in descend-ing order of

predominance byweight; The net weight or net

volume of the cot-tage food product;

Allergen informationas specified by fed-eral labeling re-quirements;

If any nutritionalclaim is made, ap-propriate nutritionalinformation as speci-fied by federal la-beling requirements;

and The following state-

ment printed in atleast 10-point typein a color that pro-vides a clear contrastto the backgroundlabel: Made in a

cottage food opera-tion that is not sub-ject to Floridas food

safety regulations.A sample is shown be-

low and may assist withdeveloping your cottagefood product label.

MADE IN A COTTAGE FOOD OPERATION THAT

IS NOT SUBJECT TO FLORIDAS FOOD SAFETY

REGULATIONS

Chocolate Chip CookieAshley Christopher Bryant1019 Food Safety Drive

Tallahassee, Florida 32399

Ingredients: Enriched flour (Wheat flour, niacin, reduced iron, thiamine,mononitrate, riboflavin and folic acid), butter (milk, salt), chocolate chips(sugar, chocolate liquor, cocoa butter, butterfat (milk), Soy lecithin as anemulsifier), walnuts, sugar, eggs, salt, artificial vanilla extract, bakingsoda.

Contains: wheat, eggs, milk, soy, walnuts

Net Wt. 3 oz

Federal AllergenLabeling Information

Cottage Food InspectionsKnow the Rules!

The Department may investigateany complaint received for a cot-tage food operation.

If your cottage food operation isthe subject of a complaint, you

must allow a Department employee or officer inyour cottage food operation to conduct an inspec-tion.

The Department employee or officer will inspectyour cottage food operation to determine compli-

ance with applicable laws, rules and regulations.

If you refuse to allow a Department employee orofficer to inspect your cottage food operation, theDepartment may take disciplinary actions whichmay include a $5,000 fine.

More information is available on page four ofthis publication.
http://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/GuidanceComplianceRegulatoryInformation/ucm106187.htmhttp://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/GuidanceComplianceRegulatoryInformation/ucm106187.htmhttp://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/GuidanceComplianceRegulatoryInformation/ucm106187.htmhttp://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/GuidanceComplianceRegulatoryInformation/ucm106187.htmhttp://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/GuidanceComplianceRegulatoryInformation/ucm106187.htmhttp://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/GuidanceComplianceRegulatoryInformation/ucm106187.htmhttp://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/GuidanceComplianceRegulatoryInformation/ucm106187.htm


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A cottage food operation must comply with all applica-ble county and municipal laws and ordinances regulatingthe preparation, processing, storage and sale of cottagefood products by a cottage food operation or from apersons residence. Below is a listing for state and local

agency resources who may assist you in answering any

questions regarding cottage foods:

Department of Agriculture and Consumer ServicesDivision of Food Safety

(850) 245-5520http://www.freshfromflorida.com/

Department of Business and Professional Regulation(850) 487-1395

http://www.myfloridalicense.com/dbpr/

Department of Health(850) 245-4444

http://www.doh.state.fl.us/

Florida County Public Health Department Directoryhttp://www.doh.state.fl.us/chdsitelist.htm

State and Local Agency Contacts

Documents and Publications

The following websites provide additional informationrelating to food safety and subsequent requirements aswell as the cottage food legislation:

United States Food and Drug Administration2009 Food Code

http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/FoodCode2009/

Cottage Food House Bill 7209http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?

BillId=46868&SessionId=66

Chapter 500, Florida Statutes

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-

0599/0500/0500ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%20500

Food Allergen Labeling and Consumer Protection Act of 2004http://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/

GuidanceComplianceRegulatoryInformation/ucm106187.htm

Can I Sell MyCottage Foods to

Restaurants?

Cottage food opera-

tors are not allowed tosell their cottage foodproducts to local restau-rants or grocery stores.These types of sales areconsidered wholesale

and are not allowed un-der the law.

Cottage food opera-tors must sell their cot-

tage food products di-rectly to the consumer.

Can I Make Salsas

or BarbecueSauce?

Processing of low-acidfoods by retort canningor processing of acidi-fied foods is not al-lowed by a cottagefood operator.

These types of prod-ucts must be commer-cially processed to en-sure sterility under con-ditions of non-refrigerated storageand distribution.

Typically, canning orprocessing acidifiedfoods are done in astate permitted facility.
http://www.freshfromflorida.com/http://www.myfloridalicense.com/dbpr/http://www.doh.state.fl.us/http://www.doh.state.fl.us/chdsitelist.htmhttp://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/FoodCode2009/http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/FoodCode2009/http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=46868&SessionId=66http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=46868&SessionId=66http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0500/0500ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%20500http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0500/0500ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%20500http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0500/0500ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%20500http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0500/0500ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%20500http://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/GuidanceComplianceRegulatoryInformation/ucm106187.htmhttp://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/GuidanceComplianceRegulatoryInformation/ucm106187.htmhttp://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/GuidanceComplianceRegulatoryInformation/ucm106187.htmhttp://www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/GuidanceComplianceRegulatoryInformation/ucm106187.htmhttp://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0500/0500ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%20500http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0500/0500ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%20500http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0500/0500ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%20500http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0500/0500ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%20500http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=46868&SessionId=66http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=46868&SessionId=66http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/FoodCode2009/http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/FoodCode2009/http://www.doh.state.fl.us/chdsitelist.htmhttp://www.doh.state.fl.us/http://www.myfloridalicense.com/dbpr/http://www.freshfromflorida.com/