Florida's cottage food law does not cover prepared meals
Soups, stews, casseroles, cooked entrees, meal kits with fresh components, refrigerated sides, and any food requiring temperature control to stay safe are all classified as TCS (Time/Temperature Controlled for Safety) foods. These fall outside the scope of §500.80 entirely.
This does not mean you can't sell prepared food in Florida. It means you need a different legal pathway — a permitted food establishment, a licensed commercial kitchen rental, or another framework that provides the regulatory oversight that prepared meal production requires. Those options are covered in detail below.
The Temperature Danger Zone
The reason prepared meals require a different regulatory framework comes down to food safety science. Bacteria multiply rapidly in a specific temperature range — and most prepared meals spend time in that zone during cooking, cooling, transport, and storage.
Foods That Require Temperature Control
These food types all require time/temperature control for safety — they cannot be sold under Florida's cottage food law. Each is a common product category that home cooks want to sell.
Water-based, protein-containing, low-acid. Require refrigeration after cooking and temperature control throughout the supply chain.
Cooked pasta has high water activity. Combined with sauces, proteins, or dairy — all TCS. Refrigeration required after preparation.
Cooked rice is one of the highest-risk foods for Bacillus cereus when improperly cooled. All cooked grain dishes require temperature control.
All meat and poultry products fall under USDA jurisdiction AND require temperature control. Doubly outside the cottage food framework.
Cut fresh produce has elevated microbial risk. Protein-based salads (chicken, egg, tuna) are high-risk TCS foods requiring refrigeration.
Cooked eggs — scrambled, fried, in frittatas or quiches — all require temperature control. Raw eggs used in custards or frostings are prohibited for the same reason.
Meal kits containing pre-cut fresh produce, raw proteins, or dairy components require refrigeration throughout the distribution chain.
Despite being baked, casseroles typically contain protein, dairy, or vegetables at high water activity — TCS after cooking. Requires refrigeration for storage and delivery.
✓ What Home Cooks Can Still Sell Under §500.80
- Dry baking mixes (pancake mix, cookie mix, bread mix)
- Dry soup and stew mixes — the dry product only, not the prepared soup
- Dried pasta (uncooked, shelf-stable)
- Spice blends, rubs, and seasoning packets for home cooks
- Empanadas and tamales — if baked dry, shelf-stable, and without TCS fillings
- Dry grain mixes (rice blends, grain bowls in dry form)
- Jarred jams, jellies, preserves, and fruit butters (fruit-based)
- Shelf-stable nut sauces and dry curry blends
How to Sell Prepared Meals in Florida
If your goal is to sell cooked, ready-to-eat meals, you have real options in Florida — they just require more infrastructure than cottage food. Here are the primary pathways Florida prepared meal sellers use.
Retail Food Establishment Permit
Apply for a food establishment permit through the Florida Department of Agriculture and Consumer Services (FDACS) under §500.12. This allows you to legally produce and sell TCS prepared foods. Requires an inspected kitchen that meets minimum construction standards — not a home kitchen.
FDACS Permit RequiredRent a Licensed Commercial Kitchen
Many cities and counties in Florida have licensed shared commercial kitchens (sometimes called incubator kitchens or commissary kitchens) available for hourly or monthly rental. You produce your products in the licensed facility and sell under your own label. This is the most common path for early-stage prepared food sellers.
Commercial KitchenFood Truck or Mobile Unit
A licensed mobile food unit (food truck) is regulated by the Florida Department of Business and Professional Regulation (DBPR) and allows the sale of prepared meals directly to consumers. Requires a mobile food unit permit and an annual inspection. Many Florida home cooks graduate to a food truck as their first step beyond cottage food.
DBPR Permit RequiredCottage Food + Licensed Catering
Some sellers split their operation: cottage food products (baked goods, jams, dry mixes) sold under §500.80, while catering or event-specific prepared food is handled through a separate licensed catering business using a commercial kitchen. This is a common hybrid model in Florida.
Hybrid ModelFlorida's cottage food law gives you a strong foundation to start
Many Florida food entrepreneurs start with cottage food — building a customer base, testing products, and generating revenue under §500.80 — before investing in a commercial kitchen or food truck permit. Baked goods, jams, spice blends, and specialty dry mixes can all be a real business under cottage food, and the skills and customers you build transfer directly when you scale up.
Selling TCS prepared meals under the cottage food law is a violation
Some sellers attempt to sell soups, meals, or refrigerated foods as cottage food products. This is a violation of §500.80. FDACS investigates complaints and can issue fines. More importantly, selling improperly handled TCS foods presents real public health risks. If you want to sell prepared meals, use one of the licensed pathways above — they exist precisely to make it safe and legal.
TCS Product Classifier — Free Tool
Not sure if your specific product counts as a TCS food? Our classifier walks through the key factors — water activity, pH, protein content, and preparation method — and tells you whether your product needs a commercial kitchen or can be sold under Florida's cottage food law.
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