Florida Cottage Food Act Update

Decorating By KrazyAboutCake Updated 26 Feb 2015 , 12:27am by ibspunky

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KrazyAboutCake Posted 29 Apr 2011 , 10:08pm
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I am happy to tell you I was following the bill and the Senate Passed the Cottage Food Act. All that has to be done is next Friday the House and Senate vote on it than it goes to the Governer. Teddi Creamer told me this is just formality and Friday is the last day of the session and this is normal. The Cottage Food Act will be come law once the Governor signs it and it will be effective July 1, 2011.

Thank you to everyone that helped and supported me and kept me going. WE DID IT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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Cristi-Tutty Posted 29 Apr 2011 , 10:15pm
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Thank you for all your hard work! This is great!

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wjruss Posted 4 May 2011 , 1:57am
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Thank you so much for all your hard work~

Does this mean we have to get a license before we start?

Blessings,
Jamie

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simplysouthern Posted 4 May 2011 , 2:06am
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OMG, OMG OMG..........I am sooooooooo excited!!!!!! Thank-you for all the work and too everyone for emailing! I'm so happy I have tears in my eyes!!!! Goodluck and go forth and prosper home bakers!! Im a licensed business owner currently and couldn't be happier for you all!!!

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cupcake_cutie Posted 4 May 2011 , 2:09am
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Yay!! I'm so excited for you! Michigan's Cottage Food Law was passed last July, so I know how you feel! icon_smile.gif

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Crazboutcakes Posted 4 May 2011 , 2:09am
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Quote:
Originally Posted by simplysouthern

OMG, OMG OMG..........I am sooooooooo excited!!!!!! Thank-you for all the work and too everyone for emailing! I'm so happy I have tears in my eyes!!!! Goodluck and go forth and prosper home bakers!! Im a licensed business owner currently and couldn't be happier for you all!!!




Thanks so much for your emthusiassum, you'll probebly be the only one that is happy for us icon_razz.gif

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wjruss Posted 4 May 2011 , 2:17am
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Nevermind, I found it. icon_redface.gif I read the whole bill. No licensing needed if I understand it correctly icon_biggrin.gif . I am so excited. I have just been making for friends and family and telling other people no. I'm so excited to be able to branch out and finally make a profit.

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simplysouthern Posted 4 May 2011 , 2:30am
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Quote:
Originally Posted by Crazboutcakes

Quote:
Originally Posted by simplysouthern

OMG, OMG OMG..........I am sooooooooo excited!!!!!! Thank-you for all the work and too everyone for emailing! I'm so happy I have tears in my eyes!!!! Goodluck and go forth and prosper home bakers!! Im a licensed business owner crrently and couldn't be happier for you all!!!



Thanks so much for your emthusiassum, you'll probebly be the only one that is happy for us icon_razz.gif





Well screw them!! I know its gonna piss people off but do you really care? Because I sure as heck don't! I say go for it and I cannot wait to tell my assistant about the wonderful news! She's wanted to start her own custom cakery for 2 years. Worked hard, just as hard as me, and deserves a shot and this is it for her!! I will help her anyway possible!! I hate to lose her and its funny to think that she will be my competition now in our town LOL but good gracious I will step up my game and not sit around bitching and crying because we have legal home bakers now! Hell.......maybe ill sell my business and open a home bakery just because now I can!! icon_smile.gif

Just one thing home bakers......make sure now that you can legally sell products you get your pricing where it needs to be. Low balling to get more business will only hurt you in the long run and if you are worried about pissing off the shop bakers.....that's gonna do it icon_smile.gif

PS Florida peeps......Go Tampa Bay Lightning!!!!!!!! Haha

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Btrfly578 Posted 4 May 2011 , 2:55am
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That is great news. Hopefully everything will go smoothly. It's been a dream of mine also to start a business. Hopefully that will happen for me. "crosses fingers"

@simplysouthern I agree... GO LIGHTNING!!!!!!!! It makes us Tampa fans happy to know that those boys are doing a "TERRIFIC" job..

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jhay Posted 4 May 2011 , 4:11pm
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How fantastic! I wont have to tell people no anymore! YAY!!!

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KrazyAboutCake Posted 6 May 2011 , 10:28pm
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I just watched the Cottage Food Bill being voted on for the last time and it passed out of the House and Senate and is now going to the Governor to sign into law. The Governor has two weeks the most to sign the bill.

Happy Baking/Cooking Florida
Barbara Schmal

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Crazboutcakes Posted 7 May 2011 , 3:45am
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If I could do a happy dance and everone one could see if I would.... Thanks Barb for being our voice. icon_smile.gificon_lol.gifthumbs_up.gif

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CakelynsFinest Posted 8 May 2011 , 7:59pm
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This is so awesome! I am so happy to be able to branch out! Thanks!

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floridabocaraton Posted 9 May 2011 , 12:23pm
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HB 5007 was defeated Sat May 8th 2011
The Cottage Food Legislation was in this proposal

They wanted to deregulate Mold Inspector Educational Requirements
Yes you heard me right
The entire Bill failed because of this

By the way all lawmakers wanted to pass The Cottage Food Legislation
Who was the idiot that wanted to deregulate Home Mold Inspections?
icon_cry.gif

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wjruss Posted 9 May 2011 , 1:19pm
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No, it was also in another bill CS/HB 7209 that did pass.Evidently they had added the cottage food act in two bills. It is just waiting on the governor to sign. Maybe Barbera can explain the process better.

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floridabocaraton Posted 9 May 2011 , 1:42pm
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CS/HB 7209 is very limited sales via baked sales (religious functions, ect)
non-hazardous foods - no eggs, ect

HB 5007 - failed -
Failed HB 5007 legislation actually had the cottage food act verbiage

I just got off the phone with my representative assistant
Rep. Steve Perman, District 78

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haymeli Posted 9 May 2011 , 2:00pm
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Ok I am confused. Did it or did it not pass?

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kimberleydent Posted 9 May 2011 , 2:06pm
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I'm confused too. I printed out the bill that passed on Friday and it seemed to have all the necessary language . Can someone please clairify?

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floridabocaraton Posted 9 May 2011 , 2:23pm
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HB 5007 Failed with much stronger Cottage Food Act Legislation verbiage - This bill would have allowed you for example make and resell wedding cakes, cater foods, ect in your home up to $15,000 per year
This was a true business incubation legislation giving entrepenuers a head start

Thanks to a crazed legislator wanting to deregulate home molding inspectors HB 5007 failed .... Thanks to an idiot

BELOW PASSED

The very weak Cottage Food Act Legislation passed via below - basicly worthless

CS/HB 7209 PASSED with very weak verbiage - all you can do is sell very limited items at bake sales

No farmer markets events, festivities, fairs or flea markets

This is HB 7209 in a nutshell - very very limited :

Page 10 of 14

Therefore, in Florida, it is illegal to sell homemade foods, except for not potentially hazardous foods, which may only be sold at functions, such as bake sales.
The DACS defines potentially hazardous foods as any perishable food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form:
(a) Capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms; or
(b) Capable of supporting the slower growth of Clostridium botulinum.
(c) The term potentially hazardous food does not include foods which have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less, or air-cooled hard-boiled eggs with the shell intact.

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wjruss Posted 9 May 2011 , 2:35pm
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Yikes! This stuff is so confusing icon_sad.gif

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cakegrandma Posted 9 May 2011 , 2:54pm
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Here is how to see the exact wording of Bill 7209 that was passed on May 6, 2011. Type this in the address line of your browser;
http://www.flsenate.gov/session/bill/2011/7209
When you get to the page at the top will show a blank space and then 2011 right next to it.
Type in 7209 and hit the search button
Down toward the bottom left it will show 4/15/2011 - web page or pdf.
Click on PDF and line 728 - 843 pertain to the bill as it was stated in the 5007 bill.
You can also sign up to see any upcoming information, such as signing, on it.
I hope this helps everyone,
evelyn

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janelwaters Posted 9 May 2011 , 3:39pm
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bill 7209 has the EXACT same language and it did pass.

you can read the whole bill here: http://www.flsenate.gov/Session/Bill/2011/7209/BillText/c1/PDF the cottage foods law language starts on page 29.

No licensing requirements, sell anywhere except online maximum sales $15,000. literally the EXACT SAME LANGUAGE as 5007.

Thank you so much Barbara for all your hard work!!

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floridabocaraton Posted 9 May 2011 , 4:56pm
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Wow they introduced this verbiage in several bills simultaneously
The State Representative Assistant told me this was the craziest legislation session she ever experienced - she was ready to pull her hair out

But The Dept of Agriculture is responsible for creating guidelines
Where items can be sold, What can and can not be made, ect
The guidelines will be completed by July 1st 2011
For more information here is their ph # 850-245-5555

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KrazyAboutCake Posted 9 May 2011 , 8:57pm
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Ok Hello Everyone, I'm sorry I didn't get to post an update before everyone tried to figure out what happened.

OK, the bill we all were watching CS/HB 5007 did NOT pass. I was shocked as I watch the senate denay the passing of this bill. The house and senate passed the bill two weeks ago and when it came down to the final voting the Senate didn't pass the bill and both houses had to pass the bill for it to go to the Governor.

Right after the Senate voted Teddi Creamer, Policy Chief called me within seconds and said, they included the Cottage Food Bill in another bill CS/HB 7009 which did pass and it has gone onto the Governor to sign. Once he signs it the Cottage Food Act it will be effective July 1, 2011.

This bill is the SAME exact bill that was in the other bill 5007. You can read the bill at http://www.flsenate.gov/Session/Bill/2011/7209/BillText/er/PDF it
starts on Page 26 Line 728. It first talks about Food Establishments which is different than the Cottage Food Act. Nothing changed from the original Cottage Food Bill all the same requirements, $15,000 gross sales, no selling on internet, wholesale or mail order etc etc

I hope this clarifies the confusion.

Barbara

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Maria925 Posted 9 May 2011 , 9:16pm
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Oh my goodness...I think I'm going to have a heart attack trying to keep this straight LOL! Thank you Barbara so much for all your hardwork and dedication on the behalf of all us Florida bakers!

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cakesnglass Posted 9 May 2011 , 9:48pm
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Lets keep our hopes up!!! icon_smile.gif

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dst10spr97 Posted 12 May 2011 , 2:37pm
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I almost had a heart attach myself! Whew!

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tcakes65 Posted 31 May 2011 , 12:43am
post #148 of 223

I just read the bill, and it seems a bit confusing. If signed by the Govenor, does it mean that those that bake from home will be restricted from making cakes such as wedding cakes that require delivery to a venue? From what I read, it appeared that it was cakes for packaging, and each cake requires a specific packaging with a label. If someone can clarify this, I would appreciate it. Thanks!

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haymeli Posted 31 May 2011 , 2:14am
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Another thing that confuses me is it says we still have to abide by county and local regulations. Does this means if my county does not change it's regulations I can't be under the cottage act. Or does state regulations trumps county and local regations?

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genesis0318 Posted 22 Jun 2011 , 3:32pm
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Hello Barbara,

Now that the bill has been passed, I called the FDACS this morning to inquire on what this means. I was informed by a woman named Betty that the bill will ONLY allow people to sell baked goods out of their homes. They are not permitted to sell at Farmers Markets or Flea Markets because sales from these places are considered "wholesale". How does this bill then help us? We are not allowed to market or sell online, nor allowed to mail orders out, so the only recourse left is to sell to friends and family who Come To Your Home to pick it up. To sell out of a Market, you still need a licensed commissary. With the lack of availability of commissaries, this really does not help us at all.

She also informed me that they will not have these discussions finalized until July 1st. Is there anything you can do to influence a decision to allow Farmers Market and Flea Market sales?

Thank you for all your hard work!

Brittany

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