HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 707 Home Kitchen Operations
SPONSOR(S): Regulatory Reform Subcommittee, Learned
TIED BILLS: IDEN./SIM. BILLS: SB 1158
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 17 Y, 0 N, As CS Thompson Anstead
SUMMARY ANALYSIS
Currently, Florida does not allow people to sell home cooked meals, similar to meals served in a restaurant,
from their private residence to the public. Florida only allows people to sell certain cottage foods prepared at a
private residence to the public if ingredients are used that are not perishable. Home kitchen operations, where
a person prepares, serves and sells meals made in their residence to the public, have historically been
prohibited because such food or meals are considered “Potentially Hazardous Food/Time/Temperature Control
for Safety” (PHF/TCS) foods, that require time/temperature control to limit pathogenic microorganism growth or
toxin formation. A few states have enacted home kitchen operation laws that allow home cooked meals to be
sold to the public, but that limit the number of meals that can be served, the types of ingredients allowed to be
used, the amount of revenue that can be earned, and how certain foods can be prepared.
The bill:
 Allows “home kitchen operations” in a private residence under certain conditions.
 Provides an exception for “home kitchen operations” from food permitting requirements.
 Allows home kitchen operators to store, handle, prepare, and package food that does not include raw
milk, raw milk products, raw oysters, or raw shellfish.
 Limits home kitchen operations annual gross sales to $250,000.
 Limits food preparation and service to 10 individual meals per day.
 Requires food to be prepared, cooked, and served on the same calendar day.
 Authorizes sales via the Internet or in person, and delivery in person directly to the consumer, to a
specific event venue, or to the consumer by the home kitchen operation or a third party delivery service.
 Prohibits sales and deliveries of home kitchen products at wholesale or retail.
 Specifies labeling requirements.
 Preempts the regulation of home kitchen operations to the State.
 Requires DACS to investigate complaints and makes refusal to permit entry and inspection grounds for
disciplinary action.
 Authorizes immediate closures by DACS if it determines that the continued operation of a food
establishment presents an immediate danger to the public health, safety, and welfare.
 Authorizes DACS to impose a Class II administrative fine not to exceed $5,000.
The bill may have in indeterminate fiscal impact on state and local government and positive fiscal impact on
the private sector.
The bill provides an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Food Safety Regulation
In Florida, three agencies share responsibilities for ensuring that safe, and wholesome food is provided
to the public. Those agencies include the Department of Agriculture and Consumer Services (DACS),
the Department of Business and Professional Regulations (DBPR) and the Department of Health
(DOH):1
 DACS permits and inspects grocery stores, food processing plants, food storage, and
distribution points.
 DBPR licenses and inspects restaurants, mobile food vehicles, and caterers.
 DOH oversees food service establishments located in institutional settings (such as schools,
assisted living facilities, detention facilities, adult day cares), civic and fraternal organizations,
bars and lounges that don't prepare foods, and theaters that limit their food service to items
customarily served at theaters (such as beverages, pop corn, hot dogs and nachos). 2
DACS
The Division of Food Safety within DACS is responsible for the administration and enforcement of the
Florida Food Safety Act.3 The act is intended to:
 Safeguard the public health and promote the public welfare by protecting the consuming public
from injury from intrastate commerce in food.
 Provide legislation conforming with the Federal Food, Drug, and Cosmetic Act, the Agriculture
Marketing Act of 1946, and Federal Trade Commission Act, to the extent that it expressly
prohibits the false advertisement of food; and
 Promote uniformity of state and federal laws and their administration and enforcement
throughout the United States and in the states.4
To open a food establishment in Florida, an applicant must obtain a food establishment permit from
DACS. DACS issues three different types of food establishment permits, including retail,
wholesale/manufactured, and medical marijuana treatment center edibles. 5
DACS regulated establishments include supermarkets and grocery stores, convenience stores,
coffee shops, bakeries, retail meat markets, seafood markets, juice and smoothie bars, bottled water
plants, ice and water vending machines, all food processing plants, food warehouses, food salvage
stores, and certain mobile food units selling only prepackaged foods or non-potentially hazardous food
items.6
Food establishments are inspected and food products are sampled routinely for consumer safety. 7
DACS also conducts United States Department of Agriculture (USDA) Country of Origin Labeling
(COOL) audits and Food and Drug Administration (FDA) contract inspections for manufactured food
establishments.
1 Florida Department of Health, Hygiene Codes and Standards, https://www.floridahealth.gov/environmental-health/food-safety-and-
sanitation/food-manager-code-standards.html (last visited Jan. 29, 2022).
2 Id.
3 See ch. 500, F.S.
4 S. 500.02, F.S.
5 Florida Department of Agriculture and Consumer Services, Food Establishments, https://www.fdacs.gov/Business -
Services/Food/Food-Establishments (last visited Jan. 29, 2022).
6 S. 500.03(1)(p)(q)and(r), F.S.
7 S. 500.147, F.S.
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 DACS is authorized to impose suspensions and administrative fines against any retail food store, food
establishment, or cottage food operation that that are in violation of the act.8
DACS is required to post a prominent closed-for-operation sign on any food establishment that has had
its permit suspended or revoked, and a sign on any establishment judicially or administratively
determined to be operating without a permit.
DACS is authorized to determine that a food establishment regulated under the Food Safety Act
requires immediate closure when the food establishment fails to comply with the Food Safety Act and
presents an imminent threat to the public health, safety, and welfare. Upon such a determination,
DACS is authorized to issue an immediate final order to close a food establishment as follows:
 The Division director or designee must determine that the continued operation of a food
establishment presents an immediate danger to the public health, safety, and welfare.
 Upon such determination, DACS must issue an immediate final order directing the owner or
operator of the food establishment to cease operation and close the food establishment.
o DACS is required to serve the order upon the owner, operator, or agent thereof of the
food establishment.
o DACS is authorized to attach a closed-for-operation sign to the food establishment while
the order remains in place.
 DACS is required to inspect the food establishment within 24 hours after the issuance of the
order. Upon a determination that the food establishment has met the applicable requirements to
resume operations, DACS must serve a release upon the owner, operator, or agent thereof of
the food establishment.
 A food establishment ordered by DACS to cease operation and close must remain closed until
released by DACS or by a judicial order to reopen.
 It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083,
F.S., for a person to deface or remove a closed-for-operation sign placed on a food
establishment by DACS or for the owner or operator of a food establishment to resist closure of
the establishment by DACS, and DACS may impose administrative sanctions for violations of
this provision.
Cottage Food Products
DACS regulates cottage food operators who are allowed to prepare and sell certain foods at home.
This authority is limited to foods that do not easily spoil or are considered shelf-stable foods.
These foods do not require time and temperature controls. “Cottage food products” are defined as food
that is not potentially hazardous and which are sold in accordance with cottage food operating
requirements.9 Like many other states, DACS adopts the U.S. Food & Drug Administration (FDA) food
code.10 The food code/DACS rule defines “Potentially Hazardous Food/Time/Temperature Control for
Safety Food” (PHF/TCS) as food that requires time/temperature control for safety (TCS) to limit
pathogenic microorganism growth or toxin formation.11
DACS has published guidance defining foods that are, and those that are not, considered cottage food
products. These examples include the following:12
Permitted Cottage Foods:
 Loaf breads, rolls, and biscuits;
 Cakes, pastries, and cookies;
8 S. 500.121, F.S.
9 S. 500.03(1)(k), F.S.
10 U.S. Food & Drug Administration, 2017 Food Code, https://www.fda.gov/media/110822/download (last visited Feb. 21, 2021).
11 R. 5K-4.0010(9), F.A.C.
12 DACS Division of Food Safety, Cottage Food Operations, https://www.fdacs.gov/Business -Services/Food/Food-
Establishments/Cottage-Foods (last visited Feb. 19, 2021). The United States Food and Drug Administration (FDA) model food code
includes a definition for such foods; DACS formed a definition that is similar. FDA Food Code §1-201.10 (2017).
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  Candies and confections;
 Honey;
 Jams, jellies, and preserves;
 Fruit pies and dried fruits;
 Dry herbs, seasonings, and mixtures;
 Homemade pasta;
 Cereals, trail mixes, and granola;
 Coated or uncoated nuts;
 Vinegar and flavored vinegars; and
 Popcorn and popcorn balls.
Prohibited Cottage Foods:
 Fresh or dried meat or meat products including jerky;
 Canned fruits and vegetables, chutneys, vegetable butters and jellies, flavored oils, hummus,
garlic dip, salsas, etc.;
 Fish or shellfish products;
 Canned pickled products such as corn relish, pickles, and sauerkraut;
 Raw seed sprouts;
 Bakery goods which require any type of refrigeration, such as cream, custard, or meringue pies
and cakes or pastries with cream cheese icings or fillings;
 Milk and dairy products including hard, soft, and cottage cheeses and yogurt;
 Cut fresh fruits and/or vegetables;
 Juices made from fresh fruits or vegetables;
 Ice and/or ice products;
 Barbeque sauces, ketchups, and/or mustards; and
 Focaccia-style breads with vegetables and/or cheeses.
Cottage Food Operating Requirements
In Florida, a “cottage food operation” is defined as a natural person or an entity that produces or
packages cottage food products at the residence of the natural person or at the residence of a natural
person who has an ownership interest in the entity and sells such products in accordance with the
cottage food operating requirements.13
Cottage food operators are exempt from food and building permitting requirements. 14
A cottage food operation must comply with the following requirements in order to operate: 15
• Sales Limit: Annual gross sales of cottage foods may not exceed $250,000; 16
• Internet Sales: A cottage food operation may sell, offer for sale, and accept payment for cottage
food products over the Internet or by mail order.
• Delivery: 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.
• Wholesale Sales: A cottage food operation may not sell, offer for sale, or deliver cottage food
products at wholesale..
• Labeling: Cottage foods must be sold prepackaged with a label affixed containing the following
information:
o Name and address of the cottage food operation;
o Name of the cottage food;
o Ingredients of the cottage food, in descending order of predominance by weight;
o Net weight or net volume of the cottage food;
13 S. 500.03(1)(j), F.S.
14 See s. 500.12, F.S.
15 S. 500.80(1)-(6), F.S.
16 S. 500.80(1)(b), F.S. This includes all sales of products from any location, reg ardless of the types of products sold or number of
persons involved in any operation. Documentation of sales must be available to DACS for verification.
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 o Allergen information as specified by federal labeling requirements;
o If any nutritional claim is made, appropriate nutritional information as specified by federal
labeling requirements; and
o A statement printed in at least 10-point font and in a color that provides clear contrast to
the background of the label which reads “Made in a cottage food operation that is not
subject to Florida’s food safety regulations;” 17
• Storage: Only cottage foods that are stored on the premises of the cottage food operation may
be sold;
• State and Federal: A cottage food operation must comply with applicable state or federal tax
laws, rules, regulations, or certificates;
• Local Government: 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.
DACS may enter and inspect the premises of a cottage food operation to determine compliance with
the cottage food operations requirements only upon receipt of a complaint, which alleges that a cottage
food operation has violated any of the cottage food operating requirements. If a cottage food operation
refuses to permit DACS to enter the premises or to conduct the inspection, he or she is subject to
disciplinary action.18
DBPR
The Division of Hotels and Restaurants within DBPR is the state agency charged with enforcing the
provisions of part I of ch. 509, F.S., and all other applicable laws relating to the inspection and
regulation of public food service establishments for the purpose of protecting the public health, safety,
and welfare of Florida citizens.19
The Division licenses and inspects public food service establishments defined to mean any
building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or
structure where food is prepared, served, or sold for immediate consumption on or in the
vicinity of the premises, called for or taken out by customers, or prepared prior to being
delivered to another location for consumption.20
Each person who plans to open a public food service establishment is required to apply for and receive
a license from the Division prior to the commencement of operation. Applicants are required to
complete the following:21
 Food service plan review. This requirement is applicable to new restaurants, remodeled
restaurants, re-opened restaurants that have been closed for at least one year and restaurants
that have been converted from another use. The plan must be submitted to the Division for
approval.
 Application forms. Applicants must complete the appropriate application forms. If the
restaurant will be serving alcohol, applicants will need to apply for a l