Food Operations That Do Not Need Permits Florida:10 Facts

For people who are looking to start their food business but do not want to go through the stress of getting a permit, you have come to the right place.

This article talks about food operations that do not need permits Florida

This classification of food operation is known as cottage food operation, it is run directly from inside your house and does not require you to have any permit whatsoever.

As good as this sounds, there are restrictions attached to this type of food operation. Asides cottage food, nothing else is to be sold.

There is a list of permitted foods that can be sold under this food operation, also sales above $250,000 per annum are not allowed.

If for some reason, you discover that you would need a permit for the operation you need, then there is a section below that states how you can get a license in Florida.

Food Operations That Do Not Need Permits Florida

The Florida Department of Agriculture and Consumer Services (FDACS) does not issue licenses or permits to cottage food businesses, and no state agency inspects them.

A cottage food business’s annual gross sales cannot exceed $250,000. On their website or through mail orders, a cottage food business may advertise, offer, and collect money for cottage food goods. 

Cottage food items can be purchased and sent straight to the customer, to a private event location they have reserved for them, like a wedding or birthday party, or by mail. Cottage food products are not allowed to be sold in bulk.

“Made in a cottage food operation that is not subject to Florida’s food safety rules,” must appear on the label of every cottage food product sold to the general public.

Standard Labelling Requirements

Specific labeling standards are mandated by the cottage food law for the selling of cottage food products. A cottage food business is only allowed to market cottage food items that have been packed and have the following information (written in English) attached to the label:

• The cottage food operation’s name and address;

• The label of the homemade food item;

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• The cottage food product’s ingredients listed in decreasing order of weight-based predominance;

• The cottage food product’s net weight or volume;

• Allergen details as required by federal labeling laws;

• Appropriate nutritional information as required by federal labeling regulations is provided if any nutritional claims are made; and

• The words “Made in a cottage food operation that is not subject to Florida’s food safety rules” printed in at least 10-point font in a color that stands out visibly against the background label.

How to Get A Food Operations Permit in Florida

Any facility in Florida that manufactures, processes, packs, holds, or prepares food, or sells food at wholesale or retail is required to acquire an annual food permit, according to the Florida Department of Agriculture and Consumer Services (DOACS).

Food establishments selling directly to customers are granted retail food permits by the Florida Department of Agriculture and Consumer Services (FDACS). 

These eating places may be supermarkets, grocers, convenience stores, coffee shops, bakeries, retail meat and seafood markets, juice and smoothie bars, ice/water vending machines, food salvage shops, establishments selling prepackaged foods (including hemp extract intended for human consumption that contains CBD or other cannabinoids), and FDACS-regulated mobile food units selling only prepackaged foods or non-potentially hazardous food items.

To prepare food for sale to the general public, you need a DOACS permit. Call 850-488-3951 or go to DOACS Food Inspections to learn more about the criteria for a food permit.

How to Apply For New Retail Food Establishment Permit

The Minimum Construction Standards should be reviewed.

Check the Food Establishment Minimum Construction Standards to make sure the structure you intend to utilize for food operations complies with all of them.

Appoint a manager who is certified in food protection.

A Certified Food Protection Manager must be appointed by every food establishment that processes, packs, holds, or prepares potentially dangerous items for retail consumption.

The Certified Food Protection Manager must have the following abilities:

  • Find any risks present in the restaurant’s everyday operations;

  • Create and put into practice rules and procedures to stop foodborne diseases;

  • Direct food preparation processes, coordinating employee food safety training, and taking corrective action when required to safeguard the health of the consumer; and

  • Ensure that policies and procedures for food safety are followed, and conduct daily internal self-inspections.

Make Certain You Comply With All Processing Requirements

For the sort of product and method they are using, all food facilities must adhere to the training and process control standards.

Before opening for business, a food outlet must satisfy additional requirements related to any food procedure that carries a high risk of contracting a foodborne illness. The food establishment is required to have an FDACS Approved Process Alternative document and a Hazard Analysis and Critical Control Points (HACCP) strategy.

Verify that you have complied with all requirements by visiting the Retail Food Program and Special Processes at Retail websites.

Request a New Food Permit.

If your company is found to be compliant with all standards, you must apply for a new food permit no later than 14 days before the scheduled opening.

An approved water and sewage (septic) system must be shown in the relevant papers, which must be submitted with the application.

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A copy of the water and sewerage bill or an application for water and sewerage (for the site) are needed for public (municipal) systems.

If you run your business from an on-site well or septic system for wastewater, more information is needed. Click here to see Water and Sewer Requirements for Food Permit.

In three to five business days after the application and necessary paperwork are received, a field inspector will get in touch to arrange for an on-site inspection within two weeks. To learn what to anticipate during your inspection, view the Food Establishment Inspection Expectations paper.

Make sure the necessary equipment for a safe food operation is operational before your inspection, and that the person in charge of the site can explain the procedures for food safety.

Before granting a permit, the field inspector will check that all equipment, including thermometers and refrigeration units, is in good working order. Applications sent in by mail might take longer to process and inspect.

Cover the Permit Fees.

Permit for a Food Establishment Fees are established based on the type of food establishment at the time of the initial inspection. Prior to the inspection, fees cannot be established, and the inspectors on the ground cannot collect payments.

When you receive an inspection report that says “Met Inspection Requirements” or “Met Inspection Requirements — Check-Back needed,” an email with payment instructions will be sent to the owner’s email address on record.

Your permit fee notice will be mailed to you if they don’t have your email address on file. The food establishment permit cannot be provided without payment.

How to Renew Food Establishment Permit

Prior to December 31 of each year, the owner of the food establishment must submit a renewal application and the associated payments. To submit your renewal application and permit costs, go to the Food Permit Center.

A late fee of up to $100 must be paid in addition to the food permit fee if the department does not receive a renewal application for a food permit within 30 days of the deadline. Otherwise, the department will not be able to grant the food permit. The issuance of food permits is contingent upon the payment of all fees, including the late fee.

Permits cannot be transferred from one owner to another or from one place to another, with the exception of mobile vendors. If you experience a change in ownership or location, a new food permit application, inspection, and documents to satisfy the requirements for an approved water source and waste water (sewage) disposal are necessary.

What Permits Do I Need To Sell Food in Florida?

Any facility in Florida that manufactures, processes, packs, holds, or prepares food, or sells food at wholesale or retail is required to acquire an annual food permit, according to the Florida Department of Agriculture and Consumer Services (DOACS).

Can You Sell BBQ From Your Home in Florida?

Absolutely, selling food out of your Florida house is legal. In fact, you don’t even need to form an LLC or obtain a license to accomplish it. It is, however, strongly advised that you do both and that you purchase insurance for your food business.

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What Is A Cottage Food Operation Florida?

The California Homemade Food Act established a new class of retail food establishments known as a Cottage Food Operation (CFO), which permits people to prepare and sell non-potentially hazardous foods using their personal kitchens.

Do I Need A License To Sell Homemade Food in Florida?

Cottage food businesses are not subject to state government inspection and do not need to get a license or permit from the Florida Department of Agriculture and Consumer Services (FDACS). A cottage food business’s annual gross sales cannot exceed $250,000.

Can I Run A Catering Business From Home in Florida?

No, according to Florida law, you cannot operate a food establishment in a private residence, a room that is used for sleeping or living, or a space that opens up into one of those spaces.

What Permits Are Needed For A Food Truck in Florida?

Your food truck or restaurant must undergo a food safety examination and pay a charge to obtain a health permit. In Florida, a Certified Food Manager must be on duty at all times in any restaurant or food truck. A food handler’s license is also required for additional personnel.

What Licenses Are Needed To Start A Catering Business in Florida?

In Florida, caterers must get a Catering Food Service Establishment license from the Department of Business & Professional Regulation’s Division of Hotels and Restaurants. Private homes are not permitted to store or prepare food; it must all be done in a food service facility that has a license.

Are Cottage Foods Taxable in Florida?

According to Florida sales tax law, food products are exempt from paying sales tax. This holds true for all cottage food vendors that lack spaces where clients can eat there. There is no applicable sales tax for food that is intended for takeout.

Can I Park A Food Truck Anywhere in Florida?

Food trucks are unable to park wherever they choose. In addition to following general traffic laws, such as not parking near fire hydrants, bus stops, or crosswalks, owners of food trucks must also be aware of industry-specific food truck parking regulations.

Do You Need A License To Sell Food At A Farmers Market in Florida?

Check with the Division of Food Safety at (850) 245-5595 for the necessary permits if you intend to sell processed food goods. You do not require a license or permission from the Florida Department of Agriculture and Consumer Services if you are solely selling fresh produce.

How Much Is A Vendors License in Florida?

A seller’s permit is free to apply for in Florida, and it won’t expire unless you don’t use it for more than a year. Before starting new sales in Florida, you must get a new seller’s permit if your old one was revoked for any reason.

How Much Do Food Trucks Make in Florida?

The average annual salary for the Food Truck job category in Florida as of October 25, 2022 is $21,276. That comes out to about $10.23 an hour, in case you need a quick pay calculator. This equates to $409 each week or $1,773 per month.

Do you have suggestions about food operations that do not need permits florida? Please leave a comment below. Also, check out the Food Operations That Do Not Need Permits In California.

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