The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 500
FOOD PRODUCTS

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F.S. 500.80

500.80 Cottage food operations.—

(1)(a) A cottage food operation must comply with the applicable requirements of this chapter but is exempt from the permitting requirements of s. 500.12 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed $250,000.

(b) For purposes of this subsection, a cottage food operation’s annual gross sales include all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation. A cottage food operation must provide the department, upon request, with written documentation to verify the operation’s annual gross sales.

(2) A cottage food operation may sell, offer for sale, and accept payment for cottage food products over the Internet or by mail order. Such products may be delivered in person directly to the consumer, to a specific event venue, or by United States Postal Service or commercial mail delivery service. A cottage food operation may not sell, offer for sale, or deliver cottage food products at wholesale.

(3) A cottage food operation may only sell cottage food products which are prepackaged with a label affixed that contains the following information:

(a) The name and address of the cottage food operation.

(b) The name of the cottage food product.

(d) The net weight or net volume of the cottage food product.

(e) Allergen information as specified by federal labeling requirements.

(f) If any nutritional claim is made, appropriate nutritional information as specified by federal labeling requirements.

(g) The following statement printed in at least 10-point type in a color that provides a clear contrast to the background of the label: “Made in a cottage food operation that is not subject to Florida’s food safety regulations.”

(4) A cottage food operation may only sell cottage food products that it stores on the premises of the cottage food operation.

(5) This section does not exempt a cottage food operation from any state or federal tax law, rule, regulation, or certificate that applies to all cottage food operations.

(6) The regulation of cottage food operations is preempted to the state. A local law, ordinance, or regulation may not prohibit a cottage food operation or regulate the preparation, processing, storage, or sale of cottage food products by a cottage food operation; however, a cottage food operation must comply with the conditions for the operation of a home-based business under s. 559.955.

(7)(a) The department may investigate any complaint which alleges that a cottage food operation has violated an applicable provision of this chapter or rule adopted under this chapter.

(b) Only upon receipt of a complaint, the department’s authorized officer or employee may enter and inspect the premises of a cottage food operation to determine compliance with this chapter and department rules, as applicable. A cottage food operation’s refusal to permit the department’s authorized officer or employee entry to the premises or to conduct the inspection is grounds for disciplinary action pursuant to s. 500.121.

(8) This section does not apply to a person operating under a food permit issued pursuant to s. 500.12.

History.—s. 21, ch. 2011-205; s. 1, ch. 2017-32; s. 3, ch. 2021-211.

F.S. 500.80 on Google Scholar

F.S. 500.80 on Casetext

Amendments to 500.80

Arrestable Offenses / Crimes under Fla. Stat. 500.80

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 500.80.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FANETTE, v. STEVEN DAVIS FARMS, LLC M., 28 F. Supp. 3d 1243 (N.D. Fla. 2014)

. . . . § 500.80(a). . . .

GUERRERO, v. TARGET CORPORATION,, 889 F. Supp. 2d 1348 (S.D. Fla. 2012)

. . . . §§ 500.01-500.80. See Response at 12. . . .

SANDOVAL, v. RIZZUTI FARMS, LTD. R. a, 656 F. Supp. 2d 1265 (E.D. Wash. 2009)

. . . . § 500.80 (2009). . . .

DE LEON- GRANADOS, v. ELLER SONS TREES, INC., 581 F. Supp. 2d 1295 (N.D. Ga. 2008)

. . . . § 500.80(a). For the reasons stated below, the Court denies both motions at this time. . . . See 29 U.S.C. § 1821(d); see also 29 C.F.R. § 500.80(d). . . .

VILLALOBOS, v. NORTH CAROLINA GROWERS ASSOCIATION, INC., 252 F. Supp. 2d 1 (D.P.R. 2002)

. . . . § 500.80(d). . . .

CASTILLO, v. CASE FARMS OF OHIO, INC., 96 F. Supp. 2d 578 (W.D. Tex. 1999)

. . . . § 500.80(d). Samples of plaintiffs’ pay statements were introduced into evidence at trial. . . . address, and employer identification number assigned by the Internal Revenue Service.” 29 C.F.R. § 500.80 . . . Case Farms contends that the requirements contained in 29 C.F.R. § 500.80(d) are invalid because “they . . . It is determined that the requirements outlined by 29 C.F.R. § 500.80(d) are, in fact, valid, as legitimate . . . similar to those represented by Exhibit P-4, which did not include the requirements of 29 C.F.R. § 500.80 . . .

WALES, v. JACK M. BERRY, INC., 192 F. Supp. 2d 1269 (M.D. Fla. 1999)

. . . The defendants violated 29 C.F.R. 500.80(d) by failing to include the employer identification number . . .

A. SMITH v. UNITED STATES, 943 F. Supp. 159 (D.R.I. 1996)

. . . Cohen received four payments totaling $500.80 from various insurance companies. . . .

AVILA, v. A. SAM SONS,, 856 F. Supp. 763 (W.D.N.Y. 1994)

. . . . § 500.80(d). . . .

E. LEACH, Jr. Jr. Jr. v. B. JOHNSTON, Sr., 812 F. Supp. 1198 (M.D. Fla. 1992)

. . . . § 500.80 (records must also contain worker’s name, permanent address and Social Security number). . . .

SAINTIDA, v. TYRE, L. P. J., 783 F. Supp. 1368 (S.D. Fla. 1992)

. . . . § 500.80(a). . . . Title 29 U.S.C. § 1831(c)(2), and its attendant regulations, 29 C.F.R. § 500.80(d), require that farm . . .

CALDERON, v. WITVOET, Sr., 764 F. Supp. 536 (C.D. Ill. 1991)

. . . . § 500.80(a) dictate that an agricultural employer must keep records for each worker which state (1) . . .

OSIAS, v. MARC,, 700 F. Supp. 842 (D. Md. 1988)

. . . . § 500.80(d). Defendant Marc’s payroll records were attached to plaintiffs’ motion. . . . contractors must provide each migrant worker with wage statements. 29 U.S.C. § 1821(d)(1) and 29 C.F.R. § 500.80 . . .

L. BERRY, v. E. I. DUPONT DE NEMOURS AND COMPANY,, 635 F. Supp. 262 (D. Del. 1986)

. . . The Court Clerk issued an order dated February 28, 1986 taxing costs in the amount of $500.80 in favor . . .

BUENO By By Jr. By Jr. By v. MATTNER d b a, 633 F. Supp. 1446 (W.D. Mich. 1986)

. . . Section 500.80 of 29 C.F.R., which is part of the MSAWPA, provides that employers must maintain the following . . . ) The specific sums withheld and the purpose of each sum withheld; and (б) The net pay. 29 C.F.R. § 500.80 . . .

MENDEZ, v. BRADY, a, 618 F. Supp. 579 (W.D. Mich. 1985)

. . . . § 500.80 lists the payroll information an employer of migrant workers must maintain: “(a) Each farm . . .

In HAZEN, PETERSON, v. HAZEN,, 37 B.R. 329 (Bankr. M.D. Fla. 1983)

. . . and on June 1, 1982, the Court entered an order establishing her entitlement in the amount of $50,-500.80 . . .

FIRST STATE BANK OF GUSTINE, TEX. v. NEW AMSTERDAM CASUALTY CO. OF NEW YORK, 83 F.2d 992 (5th Cir. 1936)

. . . being called to White’s attention, the credit balances available to White were applied, reducing to $500.80 . . .

SHEPHERD v. MUTUAL LIFE INS. CO. OF NEW YORK, 63 F.2d 578 (8th Cir. 1933)

. . . years and 323 days, and that the cash value of each of the policies, at the end of the third year, was $500.80 . . .