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Do I Need a License to Sell Jam at a Florida Farmers Market?

Use the free tool — Cottage Food & Food Truck Check FL

Short answer

Jams, jellies and preserves are on FDACS's cottage food list. If you make them in your home kitchen and sell them directly to shoppers at a farmers market — in person, within Florida — you generally do not need a license, permit or inspection under Florida's cottage food law, Fla. Stat. 500.80. This holds as long as your gross sales stay under $250,000 a year.

What the law actually says

Stated exactly: a cottage food operation may sell non-potentially-hazardous foods made in a home kitchen directly to the consumer — in person, by mail/delivery within Florida, and online — with no FDACS license, permit or inspection, as long as gross sales do not exceed $250,000 a year (Fla. Stat. 500.80). Jam, jelly and preserves are named on FDACS's own allowed list, along with items like fruit pies, honey and dried fruits (FDACS — Cottage Foods).

Where it gets tricky

Not every jar in the jam family qualifies automatically:

• Pickles and fermented foods only count as cottage food if they are acidified and tested according to FDACS guidance — a plain fermented product is not automatically covered.
• Wholesale sales to stores or restaurants are not allowed under cottage food rules — this covers direct-to-consumer sales only.
• Shipping out of state is not allowed under cottage food rules.
• Going over $250,000 in gross sales a year takes you out of the cottage food exemption.

If you are not sure whether your specific recipe qualifies — for example, a jam with a lower-acid fruit, or one with add-ins — ask FDACS directly rather than guessing.

The label your jars need

Every cottage food product, including jam, must carry a label with:

• The name and address of the cottage food operation
• The name of the product
• The ingredients in descending order of predominance by weight
• The net weight or net volume
• Allergen information as required by federal law
• Nutrition information, if a nutritional claim is made
• This exact statement, in at least 10-point type: "Made in a cottage food operation that is not subject to Florida's food safety regulations."

Taxes and market rules

Cottage food sales are generally subject to Florida sales tax, and sellers register with the Florida Department of Revenue before selling (floridarevenue.com). This page does not cover rates or exemptions in detail — ask the Department of Revenue about your situation. Separately, the farmers market itself may have its own rules about vendor space, hours or fees — ask the market manager.

What to do next

The free tool on this site reads what you tell it about your product and your sales plan — no account, nothing stored — and tells you whether your jam looks like cottage food under Fla. Stat. 500.80, what the $250,000 cap means for your numbers, and the exact label wording to use. This is a starting point, not legal advice. Confirm a specific product with FDACS before you sell.

Cottage Food & Food Truck Check FL explains Florida's cottage food law and food-truck licensing in plain language; it can be wrong, and it is not legal advice. The $250,000 cap, the allowed-foods list and the label statement are from Fla. Stat. 500.80 and FDACS guidance as published; confirm a specific product with FDACS. Nothing you enter is stored.