Florida Senate - 2021                                    SB 1294
       By Senator Brodeur
       9-01409-21                                            20211294__
    1                        A bill to be entitled                      
    2         An act relating to cottage food operations; providing
    3         a short title; amending s. 500.03, F.S.; revising the
    4         definition of “cottage food operation”; amending s.
    5         500.80, F.S.; increasing the annual gross sales
    6         limitation for exempting cottage food operations from
    7         certain food and building permitting requirements;
    8         authorizing the sale, offer for sale, acceptance of
    9         payment, and delivery of cottage food products by
   10         mail; preempting the regulation of cottage food
   11         operations to the state; prohibiting local governments
   12         from prohibiting or regulating cottage food
   13         operations; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. This act may be cited as the “Home Sweet Home
   18  Act.”
   19         Section 2. Paragraph (j) of subsection (1) of section
   20  500.03, Florida Statutes, is amended to read:
   21         500.03 Definitions; construction; applicability.—
   22         (1) For the purpose of this chapter, the term:
   23         (j) “Cottage food operation” means a natural person or an
   24  entity that who produces or packages cottage food products at
   25  the his or her residence of the natural person or at the
   26  residence of a natural person who has an ownership interest in
   27  the entity, and sells such products in accordance with s.
   28  500.80.
   29         Section 3. Paragraph (a) of subsection (1) and subsections
   30  (2) and (6) of section 500.80, Florida Statutes, are amended to
   31  read:
   32         500.80 Cottage food operations.—
   33         (1)(a) A cottage food operation must comply with the
   34  applicable requirements of this chapter but is exempt from the
   35  permitting requirements of s. 500.12 if the cottage food
   36  operation complies with this section and has annual gross sales
   37  of cottage food products that do not exceed $250,000 $50,000.
   38         (2) A cottage food operation may sell, offer for sale, and
   39  accept payment for cottage food products over the Internet or by
   40  mail order. Such, but such products may must be delivered in
   41  person directly to the consumer, or to a specific event venue,
   42  or by mail. A cottage food operation may not sell, offer for
   43  sale, or deliver cottage food products by mail order or at
   44  wholesale.
   45         (6) The regulation of cottage food operations is preempted
   46  to the state. A local law, ordinance, or regulation may not
   47  prohibit a cottage food operation or regulate must comply with
   48  all applicable county and municipal laws and ordinances
   49  regulating the preparation, processing, storage, and sale of
   50  cottage food products by a cottage food operation or from a
   51  person’s residence.
   52         Section 4. This act shall take effect July 1, 2021.