The Core Standard

The TCS Test — Non-Temperature Controlled for Safety

Florida's cottage food law (§500.80) allows the sale of any food that is not a Time/Temperature Controlled for Safety (TCS) food. TCS foods are those that require specific temperature control — refrigeration or heat — to prevent the growth of harmful bacteria. If your product is shelf-stable at room temperature, it passes the basic test.

Florida does not maintain a published approved-foods list. Instead, sellers apply this TCS standard to their products. As a practical rule: baked goods, jams, candy, dried goods, honey, nuts, and spices are almost always allowed. Anything requiring refrigeration, containing meat or dairy as a primary component, or produced through an acidification process (pickles, hot sauce, fermented foods) is generally prohibited.

Product Status

Open · Restricted · Prohibited

✓ Open Allowed under §500.80
  • Breads, rolls, biscuits, bagels
  • Cakes, cupcakes, cake pops
  • Cookies, brownies, bars
  • Muffins, scones, donuts
  • Waffles, tortillas, sweet breads
  • Wedding cakes
  • Fruit pies (not vegetable)
  • Empanadas and tamales
  • Fudge, brittles, candies
  • Chocolate and chocolate-covered items
  • Cotton candy, caramel corn
  • Marshmallows
  • Jams and jellies (fruit-based)
  • Marmalades and fruit butters
  • Preserves and conserves
  • Granola and trail mix
  • Popcorn and kettle corn
  • Crackers and pretzels
  • Candied apples
  • Nuts, seeds, dried fruit
  • Baking mixes and dry mixes
  • Pasta noodles (dry)
  • Dried herbs and spices
  • Seasoning blends and rubs
  • Roasted coffee beans
  • Loose-leaf tea
  • Nut butters
  • Extracts (vanilla, etc.)
  • Vinegars (plain)
  • Cereals (dried)
⚠ Conditions Apply Read the rules carefully
  • Honey — only if you harvest it from your own hives. Purchased and repackaged honey requires a food permit from FDACS.
  • Fruit butters — fruit-based only (apple, peach, plum, etc.). Pumpkin butter and other vegetable butters are prohibited.
  • Pies — fruit pies only. Pumpkin pie, sweet potato pie, and other vegetable-based pies are prohibited.
  • Focaccia-style breads with vegetables or cheese — allowed; the produce must be incorporated into the baked product, not fresh-garnished on top.
  • Homegrown produce — can be used as an ingredient if thoroughly washed and baked into the product. Cannot be fresh-garnished, and home-canned versions cannot be used as filling ingredients.
  • Boiled peanuts — exempt from both cottage food law AND standard food permit requirements under a separate §500.12 provision. Legal to sell at roadside.
  • Decorating frosting — standard shelf-stable buttercream is disputed. Cream cheese or whipped frostings require refrigeration and are prohibited.
✗ Prohibited Not covered under §500.80
  • Pickles and pickled vegetables
  • Salsa (acidified)
  • Hot sauce (most formulations)
  • Fermented foods (kimchi, sauerkraut)
  • Kombucha
  • Fermented sauces
  • Ketchup and mustards
  • Infused oils
  • Meat jerky
  • Meat, poultry, seafood products
  • Dairy-primary products (cheesecake, custards, cream pies)
  • Fresh or cold-pressed juices
  • Carbonated drinks
  • Syrups (most commercial-style)
  • Low-acid canned goods
  • Home-canned products of any kind
  • Pumpkin pie / sweet potato pie
  • Pumpkin butter / vegetable butters
  • Products requiring refrigeration
  • Baked goods with cream cheese icing
  • Soups, stews, sauces
  • Pet food
🌟

Florida has an unusually broad allowed foods range for baked goods

Unlike some states that restrict to specific named products, Florida's TCS-based standard gives bakers significant flexibility. Wedding cakes, macarons, empanadas, tamales, focaccia, and complex decorated cakes all qualify — as long as any fillings or frostings are shelf-stable (no cream cheese, no custard, no whipped cream). When in doubt about a specific product, contact FDACS at (850) 245-5520.

Category Deep Dive

Allowed Food Categories — What's In Each

Here's what Florida sellers can legally produce and sell in each major category, with notes on important conditions or edge cases.

🍞 Baked Goods

Breads, rolls, bagels, biscuits, cakes, cupcakes, cake pops, cookies, brownies, muffins, scones, donuts, macarons, pizzelles, waffles, sweet breads, tortillas, focaccia, empanadas, tamales, wedding cakes, pies (fruit-filled only)

Note: Cream cheese frosting, custard fillings, meringue, and whipped cream require refrigeration — prohibited. Standard shelf-stable buttercream is generally allowed. Fresh fruit garnish on top is prohibited; homegrown fruit baked into the product is allowed.
🍬 Candy & Confections

Fudge, brittles, nut brittles and bark, caramels, toffee, hard candy, chocolates, chocolate-covered items, cotton candy, marshmallows, cake pops, chocolate truffles

Note: Chocolates and truffles made with ganache (cream-based) may require refrigeration — verify shelf stability before selling. Dark chocolate ganache at very low cream ratios may be shelf-stable; consult FDACS if uncertain.
🫙 Jams, Jellies & Preserves

Fruit jams, fruit jellies, marmalades, fruit butters (apple, peach, pear, plum, citrus, berry), fruit preserves and conserves

Note: Must meet standard jam/jelly definitions (fruit + sugar + acid + pectin). Fruit butters from vegetables (pumpkin, sweet potato) are prohibited. Pepper jelly made from sweet peppers may qualify — the fruit content and sugar create shelf stability. Datil pepper jelly is a Florida specialty worth researching. [VERIFY status with FDACS]
🍯 Honey

Raw honey, comb honey, infused honey — only if you harvest the honey yourself from your own hives

Important rule: If you purchase bulk honey and repackage it, that is considered a manufacturing process requiring a food permit from FDACS. You must be the beekeeper and harvester.
🌿 Spices & Seasonings

Spice blends, BBQ rubs, herb blends, seasoning salts, finishing salts, dried herb mixes, single spices (dried and packaged)

Note: All dried. Fresh herbs or fresh seasoning pastes are not shelf-stable and do not qualify.
🥜 Nut Butters & Snacks

Peanut butter, almond butter, cashew butter, other nut butters — plus granola, trail mix, popcorn, kettle corn, caramel corn, candied nuts, crackers, pretzels, candied apples, dried fruit and nut mixes

Note: Nut butters must be shelf-stable (no added water or dairy). Standard nut butters without refrigeration requirements qualify. Items with cream-based coatings may not.
☕ Coffee, Tea & Extracts

Roasted whole bean coffee, ground coffee, loose-leaf tea, herbal tea blends, chai blends, vanilla extract, other flavor extracts

Note: These are dry/shelf-stable goods. Ready-to-drink beverages (cold brew, iced tea, kombucha) are not covered — see the Beverages chapter.
🍝 Dry Goods & Mixes

Baking mixes, pancake and waffle mixes, bread mixes, soup and stew dry mixes, pasta noodles (dry/uncooked), grain mixes, seasoning packets

Note: The product being sold must be the dry mix itself — not the prepared dish. A jarred soup or stew (even if shelf-stable) is a different regulatory category.
Not Covered Under §500.80

Prohibited Foods — Why They Don't Qualify

These foods are commonly asked about by Florida cottage food sellers. Each requires a commercial kitchen permit or falls outside the cottage food framework entirely.

🫙

Pickles & Pickled Vegetables

Acidified foods — the vinegar-acidification process requires controlled pH testing and processing controls that cannot be verified in a home kitchen. Requires a food permit.

🌶️

Hot Sauce

Most hot sauces are acidified condiments with a water activity and pH profile that requires commercial processing controls. Florida's cottage food standard does not cover acidified foods.

🥒

Salsa

Acidified product. Whether fresh or shelf-stable, commercial salsa requires pH monitoring and processing controls under a regulated food establishment permit.

🍺

Kombucha

A fermented, potentially carbonated beverage with live cultures. Active fermentation creates an unpredictable product — not compatible with the non-TCS shelf-stable standard.

🥩

Meat, Poultry & Jerky

All meat and poultry products fall under USDA jurisdiction and require an inspected, licensed facility. Florida cottage food law does not apply to any meat or poultry product.

🧀

Dairy-Primary Products

Cheesecake, custard pies, meringue, cream-filled pastries, and products where dairy is the primary component require refrigeration — TCS foods by definition.

🥤

Fresh Juices & Beverages

Cold-pressed juice, fresh lemonade, smoothie packs, and ready-to-drink beverages require temperature control and/or processing controls. See the Beverages chapter for commercial pathways.

🎃

Pumpkin & Vegetable Products

Pumpkin pie, pumpkin butter, and sweet potato pie are prohibited. Low-acid vegetables cannot be made safe at home without pressure processing equipment. Home-canned pumpkin or vegetable products are never allowed as ingredients.

⚠️

When in doubt — call FDACS before you label and sell

The TCS standard is clear for most products, but gray areas exist. If your product has unusual ingredients, a unique preservation method, or you're unsure about pH or water activity, contact the FDACS Division of Food Safety before investing in labels and packaging. They are accessible and accustomed to these questions: (850) 245-5520 or DivisionofFoodSafety@fdacs.gov.

✅

Florida Compliance Checker — Free Tool

Not sure if your specific product qualifies? Our Florida Compliance Checker walks through the TCS standard, pH considerations, and shelf-stability criteria for your product type and gives you a clear compliance summary.

Check My Product for Free →
← Florida Overview