Florida Cottage Food Act BCC Adoption Hearing February 12, 2013.

Florida Cottage Food Act

BCC Adoption Hearing

February 12, 2013

Florida Cottage Food Act Presentation Outline

• Cottage Food Act History

• Orange County Code

• Requested Action

• House Bill 7209 passed during the 2011 Legislative session

• Allows individuals to make, sell and store certain types of “Cottage Food” products in an unlicensed home kitchen

• Defined as non-hazardous foods only - breads, cookies, baked goods, candies, jellies, jams, honey, granola, fruit pies, etc.

Florida Cottage Food Act

• Cannot exceed $15,000 in gross annual sales

• Must be from kitchen of single family domestic primary residence using non-commercial equipment

• Proper labeling is required

• Products may be sold at farmer’s markets, roadside stands, or directly to the consumer from the producers home

• May not sell to restaurants, grocery stores, wholesale, or via the internet

• Florida Department of Agriculture & Consumer Services (FDACS) may investigate any complaint

• Currently being adopted in Florida with County Cooperative Extension Services providing education in food safety and requirements of the law

• Act is popular with local food producers and supplements incomes

Florida Cottage Food Act:Zoning Status

• Cottage Food is governed by the County’s definition of a home occupation

• State Law did not pre-empt local zoning regulation

• Definition of Home Occupation currently prohibits “Food Processing”

Florida Cottage Food Act

Adoption Timeline:

November 27, 2012 – BCC Worksession

December 20, 2012 - LPA Public Hearing

February 12, 2013 - BCC Adoption Hearing

Florida Cottage Food Act:Zoning Amendment

• Amend Zoning Code to permit Cottage Food as a Home Occupation

– Update definition of Home Occupation

• Cottage Food use permitted pursuant to standards established in State Statute

• All other County Code requirements for Home Occupation continue to apply

Florida Cottage Food Act: Home Occupation Definition Recommended by LPA

Home occupation amendment per LPA:

……

…..Also, a “cottage food operation” as defined and regulated by Chapter 500, Florida Statutes, shall be deemed a home occupation, except that nothing herein should be construed or interpreted to mean that a cottage food operation is permitted where private covenants and restrictions prohibit such activity. Home occupations shall not be construed to include uses such as barber shops, beauty parlors, plant nurseries, tearooms, food processing (with the exception of a cottage food operation), restaurants, sale of antiques, commercial kennels, real estate offices, insurance offices, or pain management clinics.

Florida Cottage Food Act:Existing Code on HOA Covenants

• Sec. 38-2.  Interpretation and application.

             • (c) In interpreting and applying the provisions of this chapter

[38], they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community.  It is not intended by this chapter [38] to interfere with, abrogate or annul any lawful easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises than are imposed or required by other resolutions, rules, regulations, or by lawful easements, covenants or agreements, the provisions of this chapter shall control.”

Florida Cottage Food Act:Notice to Applicants

…..Also, a “cottage food operation” as defined and regulated by Chapter 500, Florida Statutes, shall be deemed a home occupation. Home occupations shall not be construed to include uses such as barber shops, beauty parlors, plant nurseries, tearooms, food processing (with the exception of a cottage food operation), restaurants, sale of antiques, commercial kennels, real estate offices, insurance offices, or pain management clinics.

……

Florida Cottage Food Act:Staff Recommendation

Florida Cottage Food Act

Action Requested:

Adopt Staff recommended amendment to Chapter 38, Zoning, Definitions, providing for Cottage Food Operations as a Home Occupation

Florida Cottage Food Act

BCC Adoption Hearing

February 12, 2013