Florida Statute 500.80 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 500
FOOD PRODUCTS

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500.80 Cottage food operations.—

(1)(a) A cottage food operation must comply with the applicable requirements of this chapter but is exempt from the permitting requirements of s. 500.12 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed $250,000.

(b) For 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.

(2) A cottage food operation may sell, offer for sale, and accept payment for cottage food products over the Internet or by mail order. Such products may be delivered in person directly to the consumer, to a specific event venue, or by United States Postal Service or commercial mail delivery service. A cottage food operation may not sell, offer for sale, or deliver cottage food products at wholesale.

(3) A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information:

(a) The name and address of the cottage food operation.

(b) The name of the cottage food product.

(d) The net weight or net volume of the cottage food product.

(e) Allergen information as specified by federal labeling requirements.

(f) If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements.

(g) The 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.”

(4) A cottage food operation may only sell cottage food products that it stores on the premises of the cottage food operation.

(5) This 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.

(6) The regulation of cottage food operations is preempted to the state. A local law, ordinance, or regulation may not prohibit a cottage food operation or regulate the preparation, processing, storage, or sale of cottage food products by a cottage food operation; however, a cottage food operation must comply with the conditions for the operation of a home-based business under s. 559.955.

(7)(a) The 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.

(b) Only 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. 500.121.

(8) This section does not apply to a person operating under a food permit issued pursuant to s. 500.12.

History.—s. 21, ch. 2011-205; s. 1, ch. 2017-32; s. 3, ch. 2021-211; s. 89, ch. 2025-22.

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Amendments to 500.80

Annotations, Discussions, Cases:

Cases Citing Statute 500.80

Total Results: 3 | Sort by: Relevance | Newest First

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Saintida v. Tyre, L., 783 F. Supp. 1368 (S.D. Fla. 1992).

Cited 17 times | Published | District Court, S.D. Florida | 1992 U.S. Dist. LEXIS 1698, 1992 WL 25072

...tions to the same extent as if he had been a farm labor contractor himself. 29 C.F.R. § 500.62. A. Violations of AWPA's Recordkeeping, Wage Statement and Payment Provisions The AWPA, 29 U.S.C. § 1831(c)(1), and its attendant regulations, 29 C.F.R. § 500.80(a), impose specific recordkeeping obligations upon farm labor contractors. Among other things, labor contractors are required to accurately record the number of hours worked by each worker and list all withholdings from wages and the specific purpose for each withholding. 29 U.S.C. § 1831(c)(1) and 29 C.F.R. § 500.80(a)....

...During the 1988-89 harvest, only fragmented records of the Plaintiffs' labor were maintained. These records were discarded, despite the AWPA's requirement that the records be maintained for a three year period. Title 29 U.S.C. § 1831(c)(2), and its attendant regulations, 29 C.F.R. § 500.80(d), require that farm labor contractors provide seasonal workers with wage statements containing certain data regarding their labor on each pay period....

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Leach v. Johnston, 812 F. Supp. 1198 (M.D. Fla. 1992).

Cited 14 times | Published | District Court, M.D. Florida | 1992 WL 436560

...# 39 at p. 8; Accord Aviles v. Kunkle, 765 F.Supp. 358, 366 fn. 9 (S.D.Tex.1991). The MSAWPA also required Johnston and Alexander to make, keep and maintain records containing specific information regarding the crew. 29 U.S.C. § 1821(d); 29 C.F.R. § 500.80 (records must also contain worker's name, permanent address and Social Security number)....

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Fanette v. Steven Davis Farms, LLC, 28 F. Supp. 3d 1243 (N.D. Fla. 2014).

Cited 2 times | Published | District Court, N.D. Florida | 2014 WL 2961239, 2014 U.S. Dist. LEXIS 89379

...Among other things, agricultural employers are required to record accurately the number of hours worked by each employee, maintain permanent addresses of all workers and list all withhold-ings from wages and the purpose for each withholding. 29 U.S.C. § 1821 (d)(1) and 29 C.F.R. § 500.80 (a)....

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