eLaws of Florida

  SECTION 500.80. Cottage food operations.  


Latest version.
  • 1(1)(a) 2A cottage food operation must comply with the applicable requirements of this chapter but is exempt from the permitting requirements of s. 24500.12 25if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed $50,000.
    49(b) 50For purposes of this subsection, a cottage food operation’s annual gross sales include all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation. A cottage food operation must provide the department, upon request, with written documentation to verify the operation’s annual gross sales.
    108(2) 109A cottage food operation may sell, offer for sale, and accept payment for cottage food products over the Internet, but such products must be delivered in person directly to the consumer or to a specific event venue. A cottage food operation may not sell, offer for sale, or deliver cottage food products by mail order or at wholesale.
    167(3) 168A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information:
    190(a) 191The name and address of the cottage food operation.
    200(b) 201The name of the cottage food product.
    208(c) 209The ingredients of the cottage food product, in descending order of predominance by weight.
    223(d) 224The net weight or net volume of the cottage food product.
    235(e) 236Allergen information as specified by federal labeling requirements.
    244(f) 245If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements.
    260(g) 261The following statement printed in at least 10-point type in a color that provides a clear contrast to the background of the label: “Made in a cottage food operation that is not subject to Florida’s food safety regulations.”
    299(4) 300A cottage food operation may only sell cottage food products that it stores on the premises of the cottage food operation.
    321(5) 322This section does not exempt a cottage food operation from any state or federal tax law, rule, regulation, or certificate that applies to all cottage food operations.
    349(6) 350A cottage food operation must comply with all applicable county and municipal laws and ordinances regulating the preparation, processing, storage, and sale of cottage food products by a cottage food operation or from a person’s residence.
    386(7)(a) 387The department may investigate any complaint which alleges that a cottage food operation has violated an applicable provision of this chapter or rule adopted under this chapter.
    414(b) 415Only upon receipt of a complaint, the department’s authorized officer or employee may enter and inspect the premises of a cottage food operation to determine compliance with this chapter and department rules, as applicable. A cottage food operation’s refusal to permit the department’s authorized officer or employee entry to the premises or to conduct the inspection is grounds for disciplinary action pursuant to s. 479500.121480.
    481(8) 482This section does not apply to a person operating under a food permit issued pursuant to s. 499500.12500.
History.-s. 21, ch. 2011-205; s. 1, ch. 2017-32.