How to Start a Florida Cottage Food Business in 2026: The Complete Step-by-Step Guide

Written By Nicole Soper

Have friends and family been telling you that your cookies, sourdough bread, cakes, or jams are “too good not to sell?” Thanks to Florida’s Cottage Food Law, you may be able to turn your kitchen into a profitable business—without renting a commercial kitchen or obtaining a food establishment permit.

Whether you’re launching a home bakery, candy business, custom cookie company, or another qualifying food venture, this guide walks you through everything you need to know to get started legally in Florida.

What Is a Florida Cottage Food Business?

A cottage food business is a home-based food operation that produces certain non-potentially hazardous foods in a residential kitchen. These products are considered shelf-stable and do not require refrigeration for food safety.

Florida allows eligible entrepreneurs to prepare and sell approved cottage foods from their home kitchen without obtaining a food permit from the Florida Department of Agriculture and Consumer Services (FDACS), provided they stay within the requirements of Florida law. (FDACS)

Step 1: Decide What You Want to Sell

Not every food product qualifies under Florida’s Cottage Food Law.

Examples of approved cottage food products include:

  • Cookies

  • Cakes

  • Brownies

  • Cupcakes

  • Breads

  • Muffins

  • Granola

  • Trail mix

  • Popcorn

  • Candy

  • Fudge

  • Dry herbs and seasonings

  • Homemade pasta

  • Jams and jellies

  • Honey

  • Fruit pies

  • Roasted coffee beans

  • Dried fruits

  • Coated nuts

Generally speaking, foods requiring refrigeration for safety—such as cheesecakes, cream pies, dairy products, meat, seafood, salsa, and other temperature-controlled foods—are not allowed under the Cottage Food Law. (FDACS)

Step 2: Choose a Business Name

A memorable business name helps customers remember you and builds credibility.

Before investing in branding:

  • Search the Florida Division of Corporations database to make sure the name isn’t already taken.

  • Check domain name availability.

  • Secure matching social media handles if possible.

Pro Tip: Choose a name that leaves room to expand. “Grandma’s Cookies” may limit future growth if you eventually add breads, cakes, or catering.

Step 3: Form an LLC (Highly Recommended)

Although Florida does not require a Cottage Food business to form an LLC, doing so is one of the smartest investments you can make.

Benefits include:

  • Personal liability protection

  • Professional appearance

  • Easier banking

  • Separation of personal and business finances

  • Better credibility with customers and vendors

  • Simpler expansion later

At Let’s Launch Co, we help Florida entrepreneurs form their LLC quickly and correctly so they can focus on growing their business—not paperwork.

Step 4: Obtain an EIN

After forming your LLC, obtain a free Employer Identification Number (EIN) from the IRS.

An EIN allows you to:

  • Open a business bank account

  • Separate business finances

  • Hire employees later

  • Apply for business services

Even single-member LLCs benefit from having an EIN.

Step 5: Open a Business Bank Account

Avoid mixing personal and business money.

Keeping finances separate makes:

  • bookkeeping easier,

  • tax preparation simpler,

  • and your business appear more professional.

Step 6: Design Compliant Product Labels

Every cottage food product sold in Florida must be properly packaged and labeled.

Your label must include:

  • Business name and address

  • Product name

  • Ingredient list (listed by weight)

  • Net weight or volume

  • Required allergen disclosures

  • Nutrition information if you make nutritional claims

  • The required disclaimer:

“Made in a cottage food operation that is not subject to Florida’s food safety regulations.”

The disclaimer must appear in at least 10-point type with clear contrast against the label background. (Florida Senate)

Step 7: Start Selling

Florida allows cottage food operators to sell directly to consumers through:

  • Farmers markets

  • Craft fairs

  • Festivals

  • Roadside stands

  • Local pickup

  • Your own website

  • Social media

  • Mail orders

  • Shipping through USPS or commercial carriers

However, cottage food products cannot be sold wholesale to restaurants, grocery stores, coffee shops, or retail stores. (Florida Senate)

Know the Cottage Food Limits

To remain exempt from commercial food licensing, your business must stay within Florida’s Cottage Food requirements.

Current limitations include:

  • Annual gross cottage food sales cannot exceed $250,000.

  • Products must be approved cottage foods.

  • Foods must be prepared in your home kitchen.

  • Products must be prepackaged and labeled.

  • Sales must be direct to the end consumer.

  • Wholesale distribution is not permitted.

Once your business outgrows these requirements, you’ll likely need to transition into a licensed commercial food operation. (Florida Senate)

Common Mistakes New Cottage Food Businesses Make

1. Skipping the LLC

Operating without liability protection can put personal assets at risk.

2. Using Incorrect Labels

Improper labeling is one of the easiest mistakes to avoid and one of the most common.

3. Selling Non-Approved Foods

Many entrepreneurs unknowingly begin selling refrigerated items that require commercial licensing.

4. Mixing Personal and Business Finances

Separate bank accounts make bookkeeping dramatically easier.

5. Ignoring Local Rules

Although Florida’s Cottage Food Law provides broad exemptions, businesses must still comply with applicable tax laws and local zoning or municipal requirements. (Florida Senate)

6. Waiting Too Long to Build a Brand

Professional logos, consistent packaging, and an online presence help customers remember you and recommend your business.

Frequently Asked Questions

Do I need a food permit?

Generally, no. Qualified cottage food businesses are exempt from FDACS food permitting requirements as long as they comply with Florida’s Cottage Food Law. (Florida Senate)

Do I need an LLC?

No—but it is highly recommended for liability protection and professionalism.

Can I sell online?

Yes. Florida allows online ordering and payment, as well as shipment by mail or commercial carrier, provided the products comply with cottage food requirements. (Florida Senate)

Can I sell on Etsy?

Yes, provided your products qualify as cottage foods and all Florida labeling and direct-to-consumer requirements are followed.

Can I sell to coffee shops or grocery stores?

No. Wholesale sales are not permitted under Florida’s Cottage Food Law. (Florida Senate)

Can I make custom cakes?

It depends. Shelf-stable cakes generally qualify, but cakes requiring refrigeration (such as many cream cheese or custard fillings) do not.

What happens if I exceed the sales limit?

Once annual gross cottage food sales exceed $250,000, you’ll generally need to transition to a licensed commercial food operation and meet additional regulatory requirements. (Florida Senate)

Ready to Turn Your Kitchen Into a Business?

Starting a cottage food business is one of the most affordable ways to become your own boss in Florida. By forming an LLC, creating compliant labels, and understanding the state’s Cottage Food Law, you can launch with confidence and build a business that’s ready to grow.

Let’s Launch Co helps Florida entrepreneurs every day by forming LLCs, obtaining EINs, answering startup questions, and providing ongoing business guidance. If you’re ready to make your dream official, we’re here to help you launch with confidence.

Nicole Soper
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