Florida · Direct-to-Consumer Compliance
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Supplements

Capsules, tinctures, powders sold with a health claim
NOT COTTAGE FOOD
Bottom line: Dietary supplements fall under federal DSHEA rules and generally need production standards a home kitchen can't meet — the same herb sold as seasoning is cottage food, but add a health claim and it becomes a supplement.

The Path

Dietary supplements are not covered by Florida's cottage food law at all. They're regulated federally under DSHEA and generally require production under 21 CFR Part 111 dietary supplement cGMPs — a manufacturing standard a home kitchen isn't built to meet. The line that matters here is marketing, not ingredients: the same dried herb sold as a culinary seasoning is cottage food eligible under Herbs & Spices, but the moment it's marketed with a health or structure/function claim ("supports immunity," "detoxifies"), it legally becomes a supplement and loses cottage food eligibility entirely, regardless of how it's made.

What You Need

  • 21 CFR Part 111-compliant production facility — not a cottage food operation
  • Supplement Facts panel (not Nutrition Facts)
  • Required FDA disclaimer that the statements haven't been evaluated by the FDA and the product isn't intended to diagnose, treat, cure, or prevent disease

Watch Out For

  • Don't add a health/structure-function claim to a food product without meeting supplement manufacturing standards
  • No disease claims without real substantiation

Citations

Agency contact: FDA Office of Dietary Supplement Programs · fda.gov/food/dietary-supplements