Florida is one of the best states in the country to sell ice cream. It is warm most of the year, tourists come in every season, and snowbirds fill many towns all winter. But before you scoop your first cone, you need the right licenses from the right state agency.
Florida food rules can be confusing, because more than one state agency licenses food businesses. Which one you deal with depends on what you sell and how you sell it.
This guide explains the main licenses, the rules for making your own ice cream, and the steps to open your doors. Rules can change, so always confirm the details with each agency before you sign a lease or buy equipment.
In This Guide
1. Choose Your Business Model
Your business model decides almost everything else, including which licenses you need. Most Florida ice cream businesses fit one of these:
- Scoop shop. You buy ice cream from a supplier and serve cones, cups, and sundaes.
- Make-your-own shop. You make ice cream in your own kitchen and serve it in your shop.
- Pint brand. You make ice cream and sell packaged pints to stores, restaurants, or other shops.
- Cart, truck, or trailer. You sell from a mobile unit at events, beaches, or markets.
Many businesses mix these. For example, a make-your-own shop might also sell tubs to a local restaurant. That one wholesale account can add another license, so plan for it from the start.
2. Find Out Which State Agency Licenses You
In most states, the county health department licenses food businesses. Florida is different. Three state agencies share the job:
| Agency | What It Generally Covers |
|---|---|
| DBPR, Division of Hotels and Restaurants | Restaurants, catering, and businesses that serve prepared food ready to eat. Scooped cones and cups often fall here. |
| FDACS, Division of Food Safety | Retail food stores like grocery and convenience stores, coffee shops, juice bars, and food makers. Packaged food sales generally fall here. |
| FDACS, Bureau of Dairy Industry | Businesses that make frozen desserts and sell any of it wholesale. |
| Florida Department of Health | Food service inside places like schools and nursing homes. Most ice cream shops do not deal with DOH. |
DBPR stands for the Florida Department of Business and Professional Regulation. FDACS is the Florida Department of Agriculture and Consumer Services.
3. Making Ice Cream to Sell Wholesale
If you make ice cream and sell any of it wholesale, you need a license from the FDACS Bureau of Dairy Industry. Wholesale means selling to another business, like a restaurant, a grocery store, or another shop, instead of directly to the person eating it.
FDACS says this license is only for frozen dessert makers who sell all or part of their product wholesale. It covers ice cream, gelato, sherbet, frozen yogurt, Italian ice, and similar products.
What the Process Looks Like
- Fill out the Application for License as a Wholesale Manufacturer of Frozen Desserts and/or Mix, form FDACS-05016.
- Pay the 200 dollar initial license fee. The license renews every year for 100 dollars, due June 30.
- Send labels for every product you plan to make.
- Pass an inspection of your facility by an FDACS sanitation and safety specialist.
If you make ice cream without pasteurizing your own mix, FDACS may regulate you under its general food rules instead of the dairy rules. Ask the agency which applies to your process.
If you only make ice cream in your shop and sell it straight to customers there, this wholesale license may not apply. You would still need your regular DBPR or FDACS license.
4. Why You Cannot Sell Homemade Ice Cream
Florida has a cottage food law that lets people make some foods at home and sell them without a license. Think cookies, breads, jams, and candy.
Ice cream is not on that list. The law does not allow milk and dairy products, ice products, or any food that needs to stay cold to be safe. That means you cannot make ice cream in your home kitchen and sell it to the public in Florida. You need a licensed kitchen.
5. Register Your Business and Taxes
Food licenses are only part of the paperwork. You also need to set up the business itself.
- Form your business. Register your LLC or corporation with the Florida Division of Corporations at Sunbiz.org.
- Get an EIN. Apply for a free Employer Identification Number from the IRS if you will have employees or form an LLC or corporation.
- Register for sales tax. Sign up with the Florida Department of Revenue to collect and pay sales tax. Ask them which of your sales are taxable.
- Get a local business tax receipt. Most Florida counties and cities require one. Some locations need both.
- Check zoning. Make sure your location is zoned for food service before you sign a lease.
6. Food Safety Training
If your shop is licensed by DBPR, Florida requires at least one certified food protection manager. That person must pass an approved food safety exam.
Other employees who handle food also need approved food safety training. Under Florida law, they must complete it within 60 days of being hired.
Even if your shop falls under FDACS instead, training your staff is still a smart move. It helps you pass inspections and keeps your customers safe.
7. Plan Review and Inspections
Both DBPR and FDACS offer plan review. You send your floor plan and equipment list before you build, and the agency checks that it meets the rules. This is much cheaper than fixing mistakes after your shop is built.
For FDACS retail food permits, the agency asks that you submit your application at least 21 days before you open. Build that time into your opening date.
After you open, expect regular inspections. Inspectors look at things like food temperatures, hand sinks, cleaning, and how you store food and supplies.
8. Equipment and Supplies Checklist
Your exact list depends on your business model. Here are the basics most Florida ice cream shops need:
| Item | Why You Need It |
|---|---|
| Dipping cabinet | Holds tubs at serving temperature where customers can see flavors. |
| Storage freezer | Holds backup tubs. In Florida heat, plan for more freezer space than you think. |
| Batch freezer | Only if you make your own ice cream. |
| Hand sinks and a dish sink | Required for food safety. Your inspector will check these. |
| Ice cream tubs and boxes | Freezer-grade containers that stack well and hold their shape. |
| Take-home pints and quarts | An easy extra sale for tourists and snowbirds staying in rentals. |
| Cones, cups, spoons, and napkins | The everyday items you will reorder most often. |
What Packaging Costs
Packaging is a small cost per scoop, but it adds up. At the time of writing, a case of 50 Rapamar 3-gallon rectangle boxes with lids is 208 dollars. That works out to about 4.16 dollars per box. Cases ship free by ground, and first-time customers can take 10 percent off with code NEW10. See current sizes and prices in our ice cream box collection.
Not sure which size fits your dipping cabinet? Order a sample pack before you buy in bulk. And if you want your logo on your boxes, read what drives the cost of custom boxes.
Final Thoughts
Starting an ice cream business in Florida takes some planning, but the steps are clear once you know your business model. Figure out whether DBPR or FDACS licenses you, get the wholesale frozen dessert license if you sell to other businesses, and use a licensed kitchen, not your home.
When you are ready to stock your freezer, Rapamar ships freezer-grade tubs and boxes statewide, from Pensacola to Key West. See our ice cream boxes in Florida, or read how to get your ice cream shop ready for snowbird season.
9. Frequently Asked Questions
Do I need a license to sell ice cream in Florida?
Yes. Most ice cream shops need a food license from either the Florida Department of Business and Professional Regulation (DBPR) or the Florida Department of Agriculture and Consumer Services (FDACS). Which one depends on how you sell. If you make ice cream and sell any of it wholesale, you also need a frozen dessert license from the FDACS Bureau of Dairy Industry.
Can I make ice cream at home and sell it in Florida?
No. Florida's cottage food law does not allow milk and dairy products, ice products, or foods that need to stay cold to be safe. Ice cream sold to the public must be made in a licensed kitchen.
How much does a Florida frozen dessert license cost?
The FDACS license for making frozen desserts to sell wholesale costs 200 dollars to start. It renews every year for 100 dollars, due June 30.
Do ice cream shop employees need food safety training in Florida?
For shops licensed by DBPR, yes. You need at least one certified food protection manager, and other food handlers must complete approved training within 60 days of being hired.