How to Sell at Farmers Markets in Florida: Cottage Food Law, DBPR License, and Insurance Explained

If you sell food or handmade products in Florida, it is essential to understand the rules that govern your work and the protections that keep you and your customers safe. Markets, fairs, and pop ups often sit at the intersection of two different systems. One is the Florida Cottage Food Law, which supports home based makers who sell shelf stable foods. The other is the DBPR food service license path for operations that prepare or serve foods that need temperature control. Add event insurance requirements on top of that, and it is easy to feel unsure about what applies to you.

Before diving into the details, it is important to understand the difference between licensing and insurance. Licensing is the legal permission you receive from the state to sell your products. It determines what you are allowed to sell and under what conditions. Insurance is the protection you purchase from a private company that steps in when something goes wrong. It shields you financially if a customer becomes sick, has an allergic reaction, trips at your booth, or claims your product caused damage. Licensing keeps you compliant with the law, while insurance keeps you protected if the unexpected happens. Both are critical but serve very different purposes.

New vendors commonly ask the same questions. Do I qualify under the Cottage Food Law or do I need a DBPR license. What foods are allowed and how should I label them. If I cook on site in a tent or a truck, what license do I need and what fees should I expect. If I sell art, candles, jewelry, or other non food items, is food insurance required or is there a better fit for makers. Choosing the right path matters. The correct license keeps you compliant, the right label keeps you honest with customers, and the right insurance protects your business when something goes wrong.

This guide explains each option in plain language so you can make decisions with confidence. You will learn what the Cottage Food Law allows, when a DBPR license is required, what fees and inspections look like, how labeling works, when no DBPR license is needed, and how food vendor insurance differs from arts and crafters insurance. You will also find a quick comparison chart and direct links to official resources and insurance providers. Use it to set up correctly, avoid last minute surprises at check in, and focus on serving customers.

1. FLORIDA COTTAGE FOOD LAW

Florida's cottage food law allows local artisans and home-based entrepreneurs to create and sell specific food items directly from their home kitchens. This legislation enables individuals to start their businesses without the requirement of a commercial kitchen license. The law recognizes that certain foods present minimal food safety risks when prepared in home environments. Cottage food operators can generate up to $250,000 in annual gross sales while working from their unlicensed home kitchens, creating opportunities for small business growth within local communities.

Approved cottage food products include:

• Loaf breads, rolls, biscuits

• Cakes, pastries, cookies

• Candies and confections

• Honey

• Jams, jellies, preserves

• Fruit pies, dried fruits

• Dry herbs, seasonings, spice mixes

• Homemade pasta

• Cereals, trail mixes, granola

• Coated or uncoated nuts

• Vinegar and flavored vinegars

• Popcorn and popcorn balls

Cottage Food Law Basics

Cottage food operators enjoy the freedom to sell their products through various direct-to-consumer channels. These include online platforms, mail order services, and in-person sales. The law prohibits wholesale distribution. All products require proper packaging and labeling. Operators may offer prepackaged samples to potential customers. Business owners must maintain compliance with applicable state and federal tax regulations.

What You CANNOT Do

The legislation maintains clear boundaries regarding sales channels and product types. Wholesale distribution through grocery stores, restaurants, or retailers remains prohibited. The law restricts the production of perishable foods, including meat products, dairy items, and any foods requiring refrigeration for safety.

Packaging and Labeling

Product presentation requires careful attention to detail. Each item must feature appropriate packaging and comprehensive labeling. Labels must display the producer's name, business identification, complete ingredient list, and a statement acknowledging production in an uninspected home kitchen. All product samples require prepackaging to ensure food safety.

Sample Label Example

Here's an example of what your label should look like:

• Chocolate Chip Cookies

• Ingredients: Wheat flour, sugar, butter, eggs, chocolate chips, baking soda, vanilla extract, salt

• Made by: Sweet Treats by Maria

• Address: 123 Sunshine Lane, Miami, FL 33101

• This product is made in a cottage food operation that is not subject to Florida's food safety regulations.

• Net Weight: 8 oz (227 g)

  
  

Source

This information comes from the official Florida Department of Agriculture and Consumer Services (FDACS) website: FDACS Cottage Foods

Small business baked goods vendor, Dulce en Boca

2. DBPR FLORIDA FOOD LAWS & LICENSE FEES

Cottage Food Vendors (No License Required)

The Florida Cottage Food Law allows home-based food entrepreneurs to create and sell non-perishable, low-risk foods from their home kitchens. Vendors operating under this law can generate annual sales up to $250,000. Cottage food operators benefit from the absence of licensing requirements, allowing them to start their culinary businesses with minimal regulatory burden.

Prepared Food Vendors (License Required)

Food vendors preparing and serving ready-to-eat items at farmers markets must obtain appropriate licensing from the Division of Business and Professional Regulation (DBPR). These requirements ensure food safety standards and protect public health through proper oversight and regulation.

When You Don't Need a DBPR License at a Farmers Market 

Several categories of vendors operate without DBPR licensing requirements at farmers markets. These exemptions apply to vendors exclusively selling prepackaged, shelf-stable products such as chips, candy, and bottled beverages. Cottage food operators working within the parameters of the Florida Cottage Food Law maintain their exempt status. Additionally, civic organizations, fraternal groups, and religious nonprofits hosting food booths at their own events benefit from licensing exemptions, supporting community engagement and charitable activities.

Food Trucks (MFDVs – Mobile Food Dispensing Vehicles)

Mobile food vendors must secure a Mobile Food Dispensing Vehicle (MFDV) License through DBPR. This license requires establishing a formal commissary agreement with a licensed commercial kitchen facility. The licensing structure includes several fee options to accommodate different business needs. Full-year licenses cost $347, while half-year licenses (available within six months of renewal) cost $178.50. New applicants must also pay a one-time application fee of $50.

Food Tents (Temporary Food Service Vendors)

Temporary food service vendors must obtain specific licenses based on their event duration. The licensing framework includes multiple options: short-term events lasting 1-3 days require a $91 license fee, while events spanning 4-30 days necessitate a $105 license. Vendors participating in multiple events throughout the year may benefit from the annual vendor license, available for $456.

Where to Apply

The Florida Department of Agriculture and Consumer Services (FDACS) oversees Cottage Food operations. Visit their comprehensive website for detailed information about permitted foods, labeling requirements, and business guidelines: Cottage Food Law Info

Food truck and tent operators can obtain DBPR licenses through the Division of Hotels and Restaurants. Access application forms, fee schedules, and regulatory information here: DBPR Licenses

For personalized assistance with licensing questions, contact the DBPR Customer Contact Center at 850-487-1395. Their knowledgeable staff provides guidance through the application process.

Owners of small batch soap company, Sage.

3. Food Insurance vs. Arts and Crafters Insurance

Most markets also require vendors to carry insurance. Organizers want to see proof of coverage because it protects them, protects you, and ensures customers are safe. The type of policy you need depends on what you sell.

Food Vendor Insurance

Food vendor insurance is tailored to businesses that prepare, serve, or sell food and drinks. Because food carries a higher level of risk, coverage is broader and usually more expensive.

What it covers:

• Foodborne illness if a customer becomes sick after eating your product

• Allergic reactions from ingredients you used

• Accidents at your booth such as burns, spills, or equipment mishaps

• Some policies include property coverage for damaged or stolen cooking equipment

Who needs it: Food trucks, food tents, caterers, and any vendor selling perishable or ready-to-eat food

Cost: Typically $200 to $500 per year

Food Vendor Insurance

Arts and Crafters Insurance

Arts and crafters insurance is meant for vendors who sell non-food items. The risks here are different, but still real.

What it covers:

• General liability if someone trips over your booth or display

• Product liability if your product (like a candle, toy, or piece of jewelry) causes harm after purchase

• Property damage if your tent damages another booth or event property

• Optional add-ons may cover product shipments or online sales

Who needs it: Artists, jewelers, clothing vendors, candle makers, woodworkers, and other non-food vendors

Cost: Typically $100 to $300 per year

Arts and Crafters Insurance

Why the Right Policy Matters

Food vendors face risks that crafters do not, and crafters face risks that food vendors do not. An insurance company may deny claims if your policy does not match your product type. Carrying the wrong type of insurance can leave you unprotected when you need it most. Event organizers often require a certificate of insurance that clearly matches your category. Having the correct coverage satisfies requirements, builds trust, and shows professionalism.

Quick Comparison Chart

Category	Cottage Food Law	DBPR Food License	Food Insurance	Arts and Crafters Insurance
Who it applies to	Home-based food sellers making shelf-stable goods	Food trucks, food tents, restaurants, prepared food vendors	Vendors selling prepared or perishable foods	Vendors selling non-food items such as art, jewelry, candles, or crafts
Inspection required	No	Yes	Not required by law, but often required by event organizers	Not required by law, but often required by event organizers
Typical cost	None (beyond packaging and labeling)	$91–$456 depending on license type, plus application fees	$200–$500 per year	$100–$300 per year
Restrictions	No perishable foods, no wholesale, $250,000 annual sales cap	Must use a licensed commissary for trucks/tents, inspections required	Covers foodborne illness, allergic reactions, accidents	Covers property damage, liability at markets
Where to apply / buy	FDACS Cottage Food Law Info	DBPR Food License Application	Food Vendor Insurance	Arts and Crafters Insurance

Hippie Soul Candle Shop at local market

Sources

All information presented comes directly from official Florida regulatory agencies:

Florida Department of Agriculture and Consumer Services (FDACS): FDACS

Florida Department of Business and Professional Regulation (DBPR): DBPR

Important Rule for Vendors: Florida food regulations require vendors to operate exclusively under either Cottage Food Law provisions or DBPR food service licensing. Cottage Food vendors must limit their offerings to approved non-perishable items such as baked goods, jams, honey, and popcorn. Vendors wanting to serve prepared or perishable foods like sandwiches, tacos, or smoothies must obtain appropriate DBPR licensing. Regulations prohibit mixing these two operational categories. For instance, vendors cannot sell cottage food items alongside hot prepared meals at the same location, even with proper licensing for the prepared foods.