Florida Cottage Food Act Update

Decorating By KrazyAboutCake Updated 26 Feb 2015 , 12:27am by ibspunky

linedancer Posted 22 Jun 2011 , 4:13pm
post #151 of 223

It does not say you can not advertise, such as the newspaper, fliers, personal contact, word of mouth and it does not say that people have to come to your home to pick up the order. As long as your gross does not exceed $15,000, you do not do mail order or wholesale, you can sell to any one you want to, and i would say deliver it. I am sure there are some venues you would not be able to deliver to, as they require a license, however there are many that do not, it would be something that would have to be explored before you took an order.

This was meant to allow home bakers not to have to have a commercial kitchen and all the permits and licensing that requires. For myself, this works great, I do cookies and am only going to pursue family, friends and word of mouth customers, giving me an outlet for something I enjoy doing and being able to sell it without feeling like a criminal. It gets pretty expensive just giving it away.

I say we take this first step and go from there, and yes, Barbara, thanks for all your hard work. thumbs_up.gif

genesis0318 Posted 22 Jun 2011 , 9:21pm
post #152 of 223
Quote:
Originally Posted by linedancer

It does not say you can not advertise, such as the newspaper, fliers, personal contact, word of mouth and it does not say that people have to come to your home to pick up the order. As long as your gross does not exceed $15,000, you do not do mail order or wholesale, you can sell to any one you want to, and i would say deliver it. I am sure there are some venues you would not be able to deliver to, as they require a license, however there are many that do not, it would be something that would have to be explored before you took an order.

This was meant to allow home bakers not to have to have a commercial kitchen and all the permits and licensing that requires. For myself, this works great, I do cookies and am only going to pursue family, friends and word of mouth customers, giving me an outlet for something I enjoy doing and being able to sell it without feeling like a criminal. It gets pretty expensive just giving it away.

I say we take this first step and go from there, and yes, Barbara, thanks for all your hard work. thumbs_up.gif


I agree! That's the impression that I was under when I initially read the law. I called the FDACS in order to find out what was covered under the Cottage Food Act, and the lady I spoke to informed me that there were restrictions on where we could sell them and that delivery was not an option, sales could only occur out of the home. *sigh* I was really hoping to run a small booth once a week at a farmers market, but apparently that is not allowed under this Act.

KrazyAboutCake Posted 23 Jun 2011 , 1:00am
post #153 of 223

The Cottage Food Act is finalized, there is nothing I or anyone can do about changing how the law reads. As the person you spoke to said, they have not finalized the discussions until July 1st. So my suggestion is wait until after the 1st of July to contact the Dept of Agriculture give them a chance to be able to learn what is allowed and what isn't allowed. If you read the bill CS/HB 7209 you will learn what is allowed and what isn't allowed. This is a new law to the Dept of Agriculture and they need time to learn the new requirements.

Sorry for your disappointment, but, everyone should be grateful and not disappointed because at least you can have a home business. I know everyone has been baking cakes under the radar but, now you don't have to worry about getting caught and paying huge fines. You don't have the expense of licensing and inspections and all the overhead that comes with a retail business. Just because you may not be able to sell in Farmers Markets, Internet or Wholesale, there is still plenty of opportunities to obtain business.

Weddings, Corporation, Realtors, Doctors etc can give a cake, cupcakes for a thank you gift, go to Salons and Day Spas, bring samples with your information. If you think the only way to make a living is at a Farmers Market, you are limiting yourself. There is plenty of opportunities for everyone.

Here is the link, page down to Page 26, Line 726 and read from that point.

http://www.flsenate.gov/Session/Bill/2011/7209/BillText/er/PDF





Barbara

hugsfrombev Posted 23 Jun 2011 , 1:11am
post #154 of 223

I am so excited for all of the opportunities this gives us. I have been turning down "orders" from people who have seen my cakes on Facebook or family parties. I don't have to do that anymore. Word of mouth spreads so fast nowadays. I think if a person does any amount of posting, blogging, or social networking they will get plenty of clients. Get yourself some business cards and hand them out.

I personally will be happy if I do one cake a month.....I really don't want a huge business at this moment. But the potential is there. Don't limit yourselves!! The creativity that got you involved in "caking" is the same creativity that will help you expand your business.
icon_biggrin.gif

genesis0318 Posted 23 Jun 2011 , 2:42pm
post #155 of 223

You guys are right. I'm sorry. I just got so excited with my plans that when they got disrupted I forgot to look at the bigger picture. Again, thank you Barbara for all your hard work!

Shelley51708 Posted 27 Jun 2011 , 7:50pm
post #156 of 223

Hi Barbara! It was great getting to actually meet you this past weekend in Melbourne. I do have one question for you. Do we or can we register our home business name with the state to preserve our name, you know, like with Sunbiz.org? Thanks again for all your hard work on this!!

hugsfrombev Posted 27 Jun 2011 , 8:00pm
post #157 of 223

I actually just got off the phone with Sunbiz, and they said yes we need to file for ficticious name before you file for occupational license. She said that you need to advertise your "intent to start a business under such and such name in such and such city" in the public notice section of any newspaper (can be any paper, doesnt matter) FIRST before you register your name. This prevents "squatters", those who just save names for the purpose of selling them.

Hope this helps. They were SO nice on the phone.

I called my county today and the poor lady had to clue about the Cottage Food law, she was so confused but VERY helpful. No she is researching so that is good and hopefully by the time I can get my occupational license they will be ready!

cakesnglass Posted 28 Jun 2011 , 2:53am
post #158 of 223

My county is requiring an occupational license ( you must have your ficticious registered before you can apply for occup) we are also required to apply for a home based business license. It's a one time fee of $498.00. I don't think this is required in all counties. I happen to live in a tourist area with many restrictions. Hoping all will go well when I apply, most people are surprised and cautious when answering questions. Hope the process goes smoothly for us all. Good Luck icon_smile.gif

tgress13 Posted 29 Jun 2011 , 2:20pm
post #159 of 223

So does anyone have an answer to the question posted earlier about which trumps which? Both my county and city are requiring a home based business occupational license. No problem there. However, when I contacted my city, I was told that baking in the home is not allowed period. (the lady had no clue about the Cottage Food Law either). I think I'll wait a few more weeks and check again.

Shelley51708 Posted 29 Jun 2011 , 2:55pm
post #160 of 223

My county doesn't require an occupational license, but I'm thinking that the Cottage Act does??

KrazyAboutCake Posted 1 Jul 2011 , 9:33pm
post #161 of 223

The Cottage Food does NOT require any license or inspections.

KrazyAboutCake Posted 1 Jul 2011 , 9:41pm
post #162 of 223

Click on the attachment below some information for you to have.

This should answer a lot of your questions and next week I will be sending out the Final Draft of all the do's and don't of the Florida Cottage Food.

If you want to receive a copy email me at krazyaboutcake@gmail.com and I will add you to the list. This information will be provided directly to me from the Food Safety department and I will pass it on to you so you won't have to call the department.

Barbara

linedancer Posted 1 Jul 2011 , 10:30pm
post #163 of 223

Barbara, thank you so much! thumbs_up.gif

KrazyAboutCake Posted 1 Jul 2011 , 10:35pm
post #164 of 223

Your welcome linedancer, did you see the attachment? It doesn't seem like it attached. But, I also wanted everyone to know you can sell at Farmers Markets. I know that some really were disappointed that the bill didn't mentioned that. But, it is approved.

linedancer Posted 1 Jul 2011 , 10:53pm
post #165 of 223

Yes, you sent it to me in an email, I published it in google docs, here is the link, I hope it works for everyone:

https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B0hgZAF24PH9OGQwZDEyOTQtMjI5OC00OTcwLWJkNmMtZjI1Y2ZkN2RiYmZl&hl=en_US

jhay Posted 5 Jul 2011 , 8:59pm
post #166 of 223

Ok! That is great Barbara! Now...how do we go about making it official? Who have you called specifically? What is being required?

I'll be out of the country until the 15th and am hoping to get the ball rolling after that. Any advise from those who are working on it now?

KrazyAboutCake Posted 5 Jul 2011 , 9:37pm
post #167 of 223

jhay,
Linedancer provided a link to the final draft from the Food Dept Advisory board. at the bottom of page 11 on this forum. This tells you everything you need to know. Those are the specifics.

I will be getting a copy of the actual documents from the Food Safety department this week. If you or anyone would like a copy email me at krazyaboutcake@gmail.com The final information will be posted on the Food Safety website this week. I do not know exactly what day they will post it.

If you want to know who I talk to the Dept of Food Safety keeps me informed.

Barbara

Dayyi Posted 5 Jul 2011 , 9:48pm
post #168 of 223

Thanks so much Barbra!

jhay Posted 5 Jul 2011 , 10:52pm
post #169 of 223

Thank you for the quick reply. You are much appreciated!

lspdolphin Posted 6 Jul 2011 , 2:31am
post #170 of 223

Thank you so much for all the info. I'm am so excited and ready to get things in motion. Anyone look up the requirements for Osceola Coutny?

lspdolphin Posted 6 Jul 2011 , 3:57am
post #171 of 223

This is an exciting new adventure for all of us! Thank you Barbara for making it happen and keeping us all informed. I can't wait to call my local county office tomorrow to find out what I need next since I already have my fictitious name already registered. Good luck to everyone!

Ely17311 Posted 6 Jul 2011 , 5:38am
post #172 of 223

Does anyone know the restrictions in Miami Dade for the cottage act? Do we need a occupational license or a fictitious name? What do we need to do n sunbiz to get it registered?

cakesnglass Posted 6 Jul 2011 , 5:07pm
post #173 of 223

I live in Monroe County and you must have your fictitious name registered and approved before you can apply for the occupational (required on their application). Because my area issues a Home Occupation Special Use Permit I was told that I would also be required to also apply, luckily it is a one time fee.

Ely17311 Posted 6 Jul 2011 , 5:23pm
post #174 of 223

How did you find out the requirements for your county?

jhay Posted 6 Jul 2011 , 6:01pm
post #175 of 223

I just spoke to Mr. Daniel Hixson with the Department of Agriculture. He told me to feel free to mention his name and phone number in this forum. He said that if anyone had questions, they can to call him. He's the one who created the brochure that is in Google Documents.

850-245-5588

He is a SUPER nice man.

lspdolphin Posted 6 Jul 2011 , 8:58pm
post #176 of 223

Just got off the phone with Mr. Hixson also, he is very very nice and full of information. I had asked him about county, state, city licensing and he said with in the next few days all the information will be sent to our local offices to update and inform them. So, let's cross our fingers that it all gets sorted out this week and we will all be Happy Lil Home Cakers! Woo Hoo! I'm so excited!

Just got off the phone with Osceola Cty Tag Office and they have not received a notice that the Food Cottage Act had been signed yet. They say they get their info late so he is working on finding out more information and will contact me tomorrow.

Echooo3 Posted 6 Jul 2011 , 9:18pm
post #177 of 223

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Crazboutcakes Posted 6 Jul 2011 , 9:25pm
post #178 of 223

I also spoke to a Ron Webb from the Department of Agriculture/ consumer affairs too and he told me there is no special licensing, registrations, just make sure you label all of the ingrdients by weight and put made in "cottage food kitchen not subject to fla laws".
Very nice man to speak and said to call him back with any questions.Here's his number if anyone would like to speak to him 850-245-5520

jhay Posted 7 Jul 2011 , 1:15pm
post #179 of 223

Mr. Hixson said the same, but he also said to check with your county health department. There may be some county regulations,zoning,etc.. that you might be subject to.

tonedna Posted 7 Jul 2011 , 10:35pm
post #180 of 223

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