Florida Senate - 2021                             CS for SB 1294
       By the Committee on Rules; and Senator Brodeur
       595-04535-21                                          20211294c1
    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 the term “cottage food operation”;
    5         amending s. 500.80, F.S.; increasing the annual gross
    6         sales limitation for exempting cottage food operations
    7         from certain food and building permitting
    8         requirements; authorizing the sale, offer for sale,
    9         acceptance of payment, and delivery of cottage food
   10         products by mail; preempting the regulation of cottage
   11         food operations to the state; prohibiting local
   12         governments from prohibiting cottage food operations
   13         or regulating cottage food products by cottage food
   14         operations; requiring cottage food operations to
   15         comply with certain applicable county and municipal
   16         laws and ordinances; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. This act may be cited as the “Home Sweet Home
   21  Act.”
   22         Section 2. Paragraph (j) of subsection (1) of section
   23  500.03, Florida Statutes, is amended to read:
   24         500.03 Definitions; construction; applicability.—
   25         (1) For the purpose of this chapter, the term:
   26         (j) “Cottage food operation” means a natural person or an
   27  entity that who produces or packages cottage food products at
   28  the his or her residence of the natural person or at the
   29  residence of a natural person who has an ownership interest in
   30  the entity, and sells such products in accordance with s.
   31  500.80.
   32         Section 3. Paragraph (a) of subsection (1) and subsections
   33  (2) and (6) of section 500.80, Florida Statutes, are amended to
   34  read:
   35         500.80 Cottage food operations.—
   36         (1)(a) A cottage food operation must comply with the
   37  applicable requirements of this chapter but is exempt from the
   38  permitting requirements of s. 500.12 if the cottage food
   39  operation complies with this section and has annual gross sales
   40  of cottage food products that do not exceed $250,000 $50,000.
   41         (2) A cottage food operation may sell, offer for sale, and
   42  accept payment for cottage food products over the Internet or by
   43  mail order. Such, but such products may must be delivered in
   44  person directly to the consumer, or to a specific event venue,
   45  or by mail. A cottage food operation may not sell, offer for
   46  sale, or deliver cottage food products by mail order or at
   47  wholesale.
   48         (6) The regulation of cottage food operations is preempted
   49  to the state. A local law, ordinance, or regulation may not
   50  prohibit a cottage food operation or regulate must comply with
   51  all applicable county and municipal laws and ordinances
   52  regulating the preparation, processing, storage, or and sale of
   53  cottage food products by a cottage food operation; however, a
   54  cottage food operation must comply with all applicable county
   55  and municipal laws and ordinances regulating traffic, parking,
   56  noise, signage, and hours of retail operation or from a person’s
   57  residence.
   58         Section 4. This act shall take effect July 1, 2021.