mimi1144 Posted 22 Oct 2013 , 2:08am
post #1 of

AHello Does Anybody know if :-(Cottage food operations are allowed in Miami Dade County Fl? The small amount of information that I have been able to get is contradicting- not even county emplyees seem to know!!

Help! :(

17 replies
tgress13 Posted 22 Oct 2013 , 5:52pm
post #2 of

Hi mimi1144,

I can't help you much with Dade County but I live in Broward county where the CFL is in effect, however my municipality (Sunrise) does not allow any kind of business/baking from home.  I believe each city has the right to determine whether something is allowed based on zoning so I would check with your city to find out.  It had taken me some time to get that information as no one was aware of it in the beginning but it basically boils down to the city ordinance.

 

Good luck!

JennG25 Posted 19 Nov 2013 , 11:47pm
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Same here! I live in Miami Dade (Homestead). I love baking and would like to start selling my confections, but everything seems so confusing. The only information I have found about the CFL is just so unclear. Some people say Miami Dade do not allow selling homemade baked goods, but then I was doing some research on Instagram and Pinterest (using hash tags) and found two people who live in Miami Dade (one in Homestead) and sell cakes from their homes. I was about to ask them but I decided not to because they might think I'm an inspector or something.

The  thing is, I'm not sure, they are selling cakes etc, living in Miami Dade???? 

 

What should I do?

jemchina Posted 20 Nov 2013 , 12:40am
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I'm originally from MDC. In 2011 the cottage food law was passed. There are some local cake shops that offer seminars (not free) on the law. It might be something to look into. It passed, soon after moved :(  However, that did not stop people from baking from home. Previous to to the CFL you had to have a separate kitchen, not part of the main home, separate AC work etc.  The law is a state law, that does not necessarily mean every county allows it. check this link

 

http://cottagefoods.org/laws/usa/florida/

JennG25 Posted 20 Nov 2013 , 5:26am
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OMG, it seems so complicated. What should I do? :-/

crabilld Posted 29 Jan 2014 , 8:15am
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From what I've heard, Miami Dade still isn't allowing CFOs. I'm afraid the law will have to get amended before they will change their stance on it. It's not surprising that you found some home bakers running businesses in the county... many people run home businesses whether or not it is approved. JennG25, if you want to run a legal business from home, I'm afraid there is no possible way to do so, unless someone from your county's ag dept says it's okay.

Iris123 Posted 31 Jan 2014 , 3:01am
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This is interesting and I am curious that I have read articles in the local newspaper that show Cottage Food Businesses are legal in Miami-Dade. I have recently read articles in the Miami Herald about people who are running their Cottage Food - Cake Business in Miami-Dade County from their home. One of these articles was published on 10.31.13 under Miami-Dade news, and another in this same newspaper earlier in August 2013 under "Westchester-Baking Business". The articles openly mention the name of the business and the proprietor. These articles cover information about these businesses selling their baked goods at local farmers markets as well. If the Cottage Food Law is not legal in Miami Dade County, how can the Miami Herald publish these articles? I would expect that people reading these articles in a newspaper that is "South Florida's source for accurate news to the community in the Miami-Dade area" may be induced to bake from home and sell directly to the public and then get fined if it is illegal.

crabilld Posted 31 Jan 2014 , 9:23am
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Thanks for sharing, Iris... that's so interesting. I'd love to hear if someone can get the go ahead from the health dept. All I've heard are people frustrated that the health dept won't let them use the law. One thing I think that might lead to people starting businesses in Miami-Dade, without approval, is that there is no registration process that's needed in Florida. So many may just start their business without calling, and maybe the county's health dept is too busy to pay much attention to those articles. It would be great if they have changed their minds, though.

nuttynana Posted 6 Jan 2015 , 8:52am
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AGood Evening, just found this site and love it. Was looking for cottage food laws for my state of florida when came across old posts before fla law passed. I must say i became annoyed by one of your members posts, a Nellical or something like that. I understood her frustration with having invested in a storefront bakery, but so did the mom and pop shops before walmarts moved in. Would she also deny them the right to exist in her town?? We all are fighting to survive here. Im starting a nut business out of my home, maybe my local grocery store won't like that. Sorry, thats the free market. Adapt or fail has always been the way of capitalism. Anyway i'm glad she didn't list the name of her business because i wouldn't purchase from her. She moves to florida to succeed in business dependent on Florida customers, then proceeds to call us. 'yocals" , wants to deny us the same opportunities that she's taken advantage of and last but not least sadly risked investing her retirement but we're all responsible.... Is she from California by some chance?? Maybe we should all just collect unemployment and food stamps so she won't have any competition. But what do i know, I'm just a Florida yocal that won't buy her baked goods....

-K8memphis Posted 6 Jan 2015 , 1:52pm
Quote:
Originally Posted by nuttynana 
... I must say i became annoyed by one of your members posts, a Nellical or something like that. I understood her frustration with having invested in a storefront bakery, but so did the mom and pop shops before walmarts moved in. Would she also deny them the right to exist in her town?? We all are fighting to survive here. ...Sorry, thats the free market. Adapt or fail has always been the way of capitalism.... Maybe we should all just collect unemployment and food stamps so she won't have any competition. 

 

 

OMG -- for real! but it's not as bad now as it was 6 months ago -- there are some of us here who are so bitter and burnt out it's embarrassing -- they hate their businesses and while they heavy handedly caution/discourage others about how miserably impossible and unrewarding it is they seem oblivious to their own plight -- go get a job somewhere -- i look at the sharks on shark tank and while they are very real very up front and blunt they like what they are doing -- that one guy gets in a few colorful remarks but that's television too -- 

nuttynana Posted 6 Jan 2015 , 7:20pm

AExactly!! Their all there on Shark Tank by choice. All struggling for their own piece of pie... Or cake as the case may be lol Maybe i don't want to work for someone else? Maybe i want to risk my retirement to start a wild monkey show! Maybe just maybe my neighbor decides she loves monkey's also and wants her own show? Well, i guess id better get bigger or stronger or possibly cheaper monkey's! Or, how about i add free playtime.... Or just get an alligator... Ins't this country grand!!

ropalma Posted 6 Jan 2015 , 9:26pm

This is what I found looking around on the web for the Florida Cottage Law

 

Business

Although you don’t need a license from the Ag Department to get started, you may need to get a standard business license, if your city or county requires it.

You can call your planning division to find out if any zoning requirements apply to you.

Miami-Dade county does not allow cottage food operations at all, and other counties or cities may have similar restrictions.

craftybanana Posted 7 Jan 2015 , 4:00am

Quote:

Originally Posted by ropalma 
 

This is what I found looking around on the web for the Florida Cottage Law

 

Business

Although you don’t need a license from the Ag Department to get started, you may need to get a standard business license, if your city or county requires it.

You can call your planning division to find out if any zoning requirements apply to you.

Miami-Dade county does not allow cottage food operations at all, and other counties or cities may have similar restrictions.


Don't forget about the Sales Tax too. Everyone is supposed to fill that form out to collect sales tax (yes, baked goods are taxed here). But yeah, every county has their own rules too, so always check with your local Agriculture Department. Don't forget about your HOA (if you have one), most don't allow it. Some home owners insurance policies don't allow it either. Just another thing to check on.

 

Tip: if your HOA doesn't approve of it, become president. My friend stopped getting backlash about his work truck(because it had a logo) when he became president ;)

nuttynana Posted 7 Jan 2015 , 4:10am

AIn the morning Im going to planning and zoning for Palm Beach County to get the rules and restrictions on our Fla. Cottage requirements. I do know that you must apply for a Business Tax Receipt and fill out an affidavit but there were certain P.B.C. rules that seem to contradict the state law. Example ie; they claim you can't sell from you home even though the state law allows it. Then P.B.C. said you can't advertise you're name and address anywhere but the state law requires you're name and address be placed on the label of your product. Anyway, I certainly need these things clarified. If anyone is interested let me know and i will post what i find out.

craftybanana Posted 8 Jan 2015 , 2:49am

Quote:

Originally Posted by nuttynana 

In the morning Im going to planning and zoning for Palm Beach County to get the rules and restrictions on our Fla. Cottage requirements. I do know that you must apply for a Business Tax Receipt and fill out an affidavit but there were certain P.B.C. rules that seem to contradict the state law. Example ie; they claim you can't sell from you home even though the state law allows it. Then P.B.C. said you can't advertise you're name and address anywhere but the state law requires you're name and address be placed on the label of your product. Anyway, I certainly need these things clarified. If anyone is interested let me know and i will post what i find out.


You gotta do what the county/city says. The state left it up to them. Think of the state CFL as sort of a minimum standard guideline. Kinda how Miami-dade doesn't allow it at all. As far as labeling, that seems like they just mean regular advertising, labels are not advertising (I don't think). No decals on your car, signs in your yard, that kind of thing. That's what I think, but here in my area, we are allowed to advertise (according to my county agriculture office). But I don't have a business since after I looked into it I got pregnant. :)

nuttynana Posted 8 Jan 2015 , 5:51am

AAlso forgot... You can go to Freshfromflorida.com to get Florida cottage laws and your tax collectors office for tax info. I read on forrager.com. For florida that you don't have to collect taxes on food stuffs unless perhaps the green markets or wherever you sellng may require the tax receipt anyway..u

nuttynana Posted 8 Jan 2015 , 5:54am

ALol. Craftybanana having babies is the biggest and hardest stay at home busines of all :-) :-) definitely get a licence and you most certainly will be spending A LOT of capital, and don't forget those tax forms!!

craftybanana Posted 11 Jan 2015 , 2:53am

Quote:

Originally Posted by nuttynana 

Lol. Craftybanana having babies is the biggest and hardest stay at home busines of all icon_smile.gificon_smile.gif definitely get a licence and you most certainly will be spending A LOT of capital,
and don't forget those tax forms!!

Ha ha, yeah. Already going to be spending a lot on the little guy, not sure if we'll have any left for a cookie business :lol:. At least I have plenty of time to practice (and the Lord knows I need it, lolol)

 

Quote:

Originally Posted by nuttynana 

Also forgot... You can go to Freshfromflorida.com to get Florida cottage laws and your tax collectors office for tax info. I read on forrager.com. For florida that you don't have to collect taxes on food stuffs unless perhaps the green markets or wherever you sellng may require the tax receipt anyway..u


I saw that too, but it was by some guy who didn't know the laws and thought we are similiar to California. We do pay tax on cakes and prepared food from grocery stores. I checked with my dept of agriculture and they said I would need to collect it. But different local departments may say different things. My county says yes, but another may say no. So perhaps that varies by city/county as well. My city doesn't say much except "pay me!" so to find any info about opening a business I had to call the county.

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