Home Sweet Home Act Florida

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Home Sweet Home Act Florida

 Laws, regulations, and facts pertaining to Florida's cottage food industry

Home Sweet Home Act Florida

The Florida cottage food law was initially passed into law in June of 2011, and it underwent a round of amendments in May of 2017 that went into effect on July 1 of that same year.

On July 1, 2021, new regulations were implemented as a result of the "Home Sweet Home Act" (House Bill 663).

Changes to be Made in 2021:

Now, gross sales for home-based firms can reach a maximum of $250,000.

Home-based food enterprises are now subject to state control; however, they are excluded from some rules for food and construction permits.

Home Sweet Home Act Florida

It is not permissible for municipal governments to prohibit or restrict cottage food operations or the goods that are produced by cottage food operations.

Internet sales, sales delivered in person, sales made at venues (such farmer's markets), and sales made via mail are all now legal options.
However, home-based food producers are not permitted to sell their products in wholesale quantities.

What kinds of foods fall under the purview of Florida's cottage food law?
Bakery items such as loaves of bread, buns, and biscuits
baked goods such as cakes, pies, and cookies
Candies and other sweets and treats



Home Sweet Home Act Florida

Preserves, such as jams, jellies, and preserves
Fruit pies
Dried fruits
Dried spices, herbs, and other seasonings and blends
Homemade pasta
Granola, cereal, and trail mix are some examples of these.
Whether they are coated or uncoated, nuts
Vinegar and flavored vinegars
Popcorn and balls made of popcorn
You could roast coffee beans and sell them to customers.
Check out this website if you are interested in marketing the honey that comes from your beehives.
Foods that are not allowed
It is possible to use condiments such as salsa, barbeque sauce, ketchup, or mustard.

Home Sweet Home Act Florida

flavored oils, vegetable butters and jellies, chutneys, hummus, garlic dip, and salsas. canned fruits and vegetables. chutneys. vegetable butters and jellies.
Products made from fish or shellfish.
Products that have been canned and pickled, such as corn relish, pickles, and sauerkraut,
Sprouts of uncooked seed
Products from the bakery that need to be refrigerated, such as pies filled with cream, custard, or meringue, cakes, or pastries with cream cheese icings or fillings
Eggs, milk, and various cheeses and yogurt are examples of dairy goods. Dairy items also include cottage cheese.
Prepare fresh fruits and/or vegetables by cutting them.
Fruit and vegetable juices that are produced from fresh ingredients, such as apple cider.
Ice and/or items made from ice
Meat, either fresh or dried, or items made from meat, such as jerky, breads made in the style of focaccia, topped with veggies and/or cheese.
Any food that must be canned under high pressure (also called retort canning)
Any kind of processing done to acidic foods (like pickles)

Home Sweet Home Act Florida

There may possibly be answers to your inquiries on this page of Florida cottage food frequently asked questions.

If the concept of a cottage food does not apply to the food product you are selling,


Try not to give up. It is possible that you will still be able to manufacture and sell it on a commercial scale if you take a startup strategy.

To begin, you should investigate whether or not there is a commercial kitchen in your area that you may rent space in.

Second, if that doesn't work, you might try hiring a co-packer to prepare the food for you. This is an option if the first option doesn't work.

Home Sweet Home Act Florida

A person who manufactures or packages cottage food products at his or her residence and sells such items in conformity with Section 500.80 of the Florida Statutes. Definitions: a person who creates or packages cottage food products at his or her residence.
A "cottage food product" is a non-potentially hazardous food that is sold by a cottage food operation in conformity with Section 500.80 of the Florida Statutes. This definition comes from the Food and Drug Administration and Centers for Disease Control and Prevention (FDACS) standards.



A principal dwelling that is occupied by an individual who operates a cottage food operation and that comprises a single kitchen with appliances suitable for general domestic usage is considered to be a "cottage." This is the definition of the term "cottage." The home is only allowed to have one stove or oven, however it can be a double oven that is designed specifically for residential usage.
Food that has the potential to be harmful must be subjected to time and temperature control for safety (TCS) in order to restrict the growth of pathogenic microorganisms or the production of toxins.
a plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that have not been modified in such a way that they are unable to support the growth of pathogenic microorganisms or the formation of toxins; or garlic-in-oil mixtures that have not been modified in such a way that they are unable to support the growth of pathogenic microorganisms or the formation of toxins.

In the state of Florida, the Department of Agriculture and Consumer Services (FDACS) does not issue licenses or permits for cottage food operations, and these businesses are not subject to inspection by any state government agency. On the other hand, municipal governments have the ability to pass ordinances that place restrictions on the operation of cottage food businesses in private homes. Always make sure to check with the zoning authorities in your city or county to find out what criteria they have for home businesses.

Labeling requirements

Home Sweet Home Act Florida

Products made in a cottage food operation have to have labels that comply with the provisions of the Act.

Please refer to this website for detailed information regarding the labeling requirements, a sample label, and a free label template that you may use and download without cost.

Where are some of the possible locations for Cottage Food Production Operations to market their food products?

You are able to sell the goods of your cottage food business directly to customers from the comfort of your own home.

If you have no additional food items in your space that require a food permit, then sales at farmer's markets, flea markets, and roadside booths are also okay with us.
Cottage food goods have to be sold and delivered directly to the consumer or to a private event venue that the consumer has hired, such as a wedding or birthday celebration.
There will be no wholesale sales: It is illegal to engage in wholesale sales of products produced in a cottage food operation.
Only in the state of Florida:
Cottage food producers in Florida are only allowed to sell their wares within the borders of the state; they are prohibited from taking their products out of the state.
It is not allowed for cottage food operators to promote for sale, offer for sale, or receive payment for cottage food items on their website. Additionally, it is not allowed for cottage food goods to be supplied via mail order.
Internet sales:
Yes. The law permits consumers to place orders and make payments via the internet; however, the cottage food products must be delivered either directly to the customer or to the private event location of the consumer, such as a wedding or birthday celebration.
Because they come from an unregulated source, foods produced in private kitchens are not allowed to be sold in commercial eateries. You are not permitted, for instance, to sell homemade dishes to or within a restaurant.
Other requirements

Home Sweet Home Act Florida

An annual cap of $250,000 must be adhered to when calculating gross sales for a cottage food operation.
On-site well Only drinkable water that comes from an on-site well that has been built correctly or from a feed stream can be used.
Cottage food does not include pet snacks because they are not considered to be human food.
Non-profits do not qualified. Because they lack a domestic single-family dwelling, non-profit organizations do not meet the requirements to operate as a cottage food company.
Local governments such as cities, townships, and even homeowners associations are able to impose stricter regulations. When it comes to the production, processing, storage, and sale of cottage food products, a cottage food enterprise is required to comply with all rules and ordinances that are applicable at the county and municipal levels. As an illustration, the county of Miami-Dade mandates that you obtain a license. You are required to open a Lee County Local Business Tax account in order to do business in Lee County. When it comes to the preparation, manufacturing, storage, and selling of cottage food products, a cottage food enterprise is required to comply with all rules and ordinances that are applicable at the county and municipal levels.  Free samples can be offered for sampling by operators of cottage food businesses, but the samples themselves must be prepared.


Home Sweet Home Act Florida

It is against the law for you to hire any kind of employee in the state of Florida if you run a cottage food operation; this includes temp workers, full-time workers, part-time workers, and even volunteers. This indicates that you are responsible for doing all of the work and delivering it on your own.
Samples: Operators of cottage food operations are permitted to provide free samples to customers for the purpose of tasting, provided that the samples are prepackaged.

Two changes were made to the rules with the new version that went into effect on July 1, 2017 (both of which are already reflected in the guidelines presented above):

increasing the annual gross sales of cottage food products allowed under the law from $15,000 to $50,000, and allowing the producer to sell, offer for sale, and accept payment via the Internet PROVIDED THAT the product is delivered in person to the consumer or a specific event venue. Currently, the law only allows for a maximum of $15,000 in annual gross sales of cottage food products.

You should consider doing the following in addition to what is required since it is sensible, it is the right thing to do, and it will reduce your liability.


Home Sweet Home Act Florida


Attend the training programs offered by ServSafe® for both managers and staff members. You should come here to make your purchase of the 7th Edition book that goes along with this class.

Evaluation of pH levels

Utilizing a pH meter that has been accurately calibrated on the same day as it will be used is recommended. This is the one I use because it is dependable and affordable. Additionally, this pH meter is excellent; but, it is not always accessible.
If the product typically has a pH of 4.0 or lower and the range of the paper includes a pH of 4.6, you can use short-range paper pH test strips instead of litmus paper. Litmus paper is another name for this type of testing paper.

It is recommended that records be kept.

Maintain a written record of each batch of the product that is produced for sale, including the following information:

Home Sweet Home Act Florida

a recipe, complete with instructions and a list of ingredients
A certain amount has the potential to be preserved in cans and sold.
Canning date
When and where the sales will take place
Total sales revenue
Conclusions drawn from any pH test

In spite of the fact that inspections are not obligatory, you ought to take into consideration the following:

Make sure you utilize equipment that has been thoroughly cleaned and sterilized before each use.
Before and after use, work surfaces should be cleaned and then sanitized with a solution of bleach and water.
Separate these items from any other foods that have not been prepared.
Keep animals that live in the house out of the working area.
It is important to keep the flooring and walls clean.
Make sure there is adequate lighting.
To prevent insects from entering your home, make sure the screens on your windows and doors are in good repair.
While you're working, you should wash your hands frequently.
If you use a private well for your water supply, you should consider getting the water tested every year.
Home Sweet Home Act Florida

The majority of state home baking acts include a "ingredient statement" and/or a "allergen listing" on the label of the bakery item that is for sale; nevertheless, even if the legislation in your state does not require this, you should nonetheless include it. Milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans are the top eight foods that cause allergic reactions in those who eat them.
Cross-Allergenicity There are a number of components that can be used, including flour, that are capable of causing cross-allergenicity. Cross-allergenicity is defined as an allergic reaction that occurs when proteins in one substance are comparable to the proteins that are found in another substance. This definition comes from the American Academy of Allergy, Asthma, and Immunology. For instance, eating lupine flour can cause an allergic reaction to peanuts, and eating cricket flour can cause an allergic reaction to shellfish. Both of these allergens are found in flour. Again, providing this kind of information to potential consumers can be a smart way to sell your company and keep them safe at the same time.



Rule of Two Hours and Four Hours Anyone who wishes to make and sell refrigerated bakery items should keep in mind that they must adhere to the "Rule of Two Hours and Four Hours." When potentially harmful foods are out of temperature control (temperatures higher than 45 degrees Fahrenheit) for an extended period of time, such as during preparation, serving, or display for sale, this is a system that can be put into place. The following are the guidelines for the rules:
If a potentially harmful food has been out of temperature control for no more than two hours, then it is OK to continue using it or to put it back in the refrigerator.
If a potentially harmful food has been left out of temperature control for more than two hours but less than four hours, it must be utilized immediately or thrown away.
If a potentially hazardous meal has been left out of the refrigerator for longer than four hours, it needs to be thrown away.

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