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Bakery License: What You Need to Open a Bakery

A bakery license: when cottage food stops covering you, the state food permit, local business tax, sales tax, refrigerated pies, FDA registration, checklist.

By Koa Sterling. Product specialist at TaroStack and small business owner. Yes, I am a real human, and I actually sit in front of a computer and write these articles. Reviewed October 17, 2026 · 5 min read

A bakery license is, in most of the country, a state or local food permit for the kitchen where you bake: the inspection, the permit on the wall, and a yearly renewal. Before that, a lot of bakers start under cottage food rules, which let them bake shelf-stable goods at home and sell directly without a permit. The bakery license becomes necessary when the business outgrows those rules: wholesale to a café or grocer, which many cottage laws don't allow; foods that need refrigeration, like custard pies, cheesecake and cream fillings; or sales above the cottage cap. In Florida, the example's state, retail bakeries get a food permit from the Department of Agriculture and Consumer Services, with a fee set by rule up to $650, renewed every year. Add the business layers, a local business tax receipt, sales tax, and FDA registration if most of your sales go to other businesses. In the example below, a Pensacola home baker moves into a permitted kitchen. Below are the layers, when cottage food stops working, the example, and a free checklist.

The short version

  • A bakery license is a state or local food permit for the kitchen, renewed every year.
  • Cottage food can cover shelf-stable goods baked at home and sold directly.
  • You need a permit for wholesale, refrigerated foods like custard pies, or sales above the cottage cap.
  • Florida: a food permit from the Department of Agriculture and Consumer Services, up to $650 by rule.
  • Add the business name, local business tax, sales tax registration.
  • FDA registration if most sales go to stores and restaurants.
  • Packaged goods carry the federal food label.
  • TaroStack keeps each bake's lot and date, and which customers got it. More below.

The layers

Layer Who issues it What to check
Business name State An LLC filing, or a fictitious name
Local business license or tax receipt County and city Where the bakery is
Sales tax State revenue department Registration, and which baked goods are taxable
Food permit State or local health or agriculture department For the kitchen, before operating; yearly renewal
FDA facility registration FDA If the bakery sells more to other businesses than to consumers directly
Labels FDA, 21 CFR part 101 On packaged goods

Florida's food permit is section 500.12: a permit before operation, a fee by rule of up to $650, renewal every year, and a late fee of up to $100. FDA's retail food establishment exemption is in 21 CFR 1.226. This is general information, not legal advice.

When cottage food stops working

The ask Cottage food A permitted bakery
A café wants a weekly order Not in states that bar wholesale Allowed
Key lime pie, cheesecake, cream puffs Not allowed: they need refrigeration Allowed, kept cold
Sales past the cap Not allowed No cap
Cookies and bread at the market Allowed Allowed

Florida's cottage food rules are in Florida cottage food law, and how a home kitchen compares with a commercial one in do you need a commercial kitchen to sell food.

An example: a Pensacola baker

Gulf Breeze Sweets, the made-up home baker in Pensacola, Florida, I use in these examples, sold key lime cookies, mango jam and Cuban bread under Florida's cottage food law, turned down a café's wholesale request, and then rented time in a permitted kitchen to sell the café key lime pies:

Layer Status
Business name, an LLC Done, March 2024
Local business tax receipt Done for the new kitchen's address, July 2026
Sales tax To check: which baked goods and sales are taxable
Food permit, F.S. 500.12 Done August 3, 2026; renews August 3, 2027
Cottage food for the market cookies Continuing, under $250,000
Key lime pies Kept cold and labeled "keep refrigerated"
FDA facility registration To check if café and grocer sales pass the market's
Labels on packaged goods Done
Product liability insurance Done August 1, 2026; renews August 1, 2027

The café's request was what tipped it: cottage food doesn't allow wholesale in Florida, and key lime pie needs refrigeration. How the bakery's numbers work is in bakery business plan.

Get the checklist

Download the bakery license checklist. One sheet: each layer, who issues it, what it is, whether you need it, the cost, the date done and the renewal date; the status and the total cost fill in. It's an ordinary Excel file with no macros, and it works in Google Sheets, LibreOffice and Numbers.

Where this stops working

A permitted kitchen, a café order every week, and cottage food at the market: two sets of rules, and pies that keep a few days. A checklist doesn't say which bake went to the café, or which pies are about to run out of date.

How TaroStack does it

TaroStack keeps each bake's lot and date, and which customers got it.

Each bake dated. A bake of key lime pies gets a lot with its production and best-before dates, and lot labels print with it.

Oldest first. First-expired-first-out is the default, and a forecast shows what will expire unsold.

Where it went. The café's orders record the lots they got, so one recall report shows every customer a bake reached.

The job Notebook In TaroStack
The date on a pie Written by hand From the bake's lot
Which pies go out first Remembered First-expired-first-out
Which customers got a bake Invoices One recall report

Lots, expiry, recipes and batches are on every plan, from $49 a month. The first 30 days are free, with no credit card. If you'd like a hand setting up, ask, and we'll do it with you.

Questions people also ask

What license do you need to open a bakery?

A state or local food permit for the kitchen, plus the business name, a local business license or tax receipt, and sales tax registration.

How much does a bakery license cost in Florida?

The Department of Agriculture and Consumer Services sets the food permit fee by rule, up to $650 a year, with a late fee of up to $100.

Can I sell baked goods from home without a license?

Under your state's cottage food law, often yes, for shelf-stable goods sold directly; wholesale and refrigerated foods need a permitted kitchen.

Do I need a license to sell to a café?

In states whose cottage food laws bar wholesale, yes: a permitted kitchen, like the example's in Florida.

Sources

  1. Section 500.12, Florida Statutes (2025): food permits from the Department of Agriculture and Consumer Services (fees by rule up to $650, annual renewal, late fee up to $100) · read October 17, 2026
  2. Section 500.80, Florida Statutes (2025): cottage food operations · read October 16, 2026
  3. 21 CFR 1.226 and 1.227: who registers a food facility with FDA, and the retail food establishment exemption · read October 17, 2026

We use AI to help with the research for these articles. Every one is read, checked against its sources and edited by Koa before it's published. Spot a mistake? Tell us and we'll fix it and say so. How we write these.

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