California Cottage Food Laws

California Cottage Food Law: A Complete Guide for Home-Based Food Entrepreneurs

This guide offers a detailed, practical overview of California’s cottage food laws, covering operation classes, sales limits, registration, training, labeling, allowed products, sales venues, and steps to get started—based entirely on official CDPH sources and county-level guidelines.

Quick Facts

Overview / Introduction

California's cottage food law, known as the California Homemade Food Act (AB 1616), went into effect on January 1, 2013, legalizing the production and sale of certain non‑potentially hazardous homemade foods from a private home kitchen (en.wikipedia.org). The program is administered at the local level: operators must register or obtain permits through their county’s environmental health agency—not with CDPH directly (cdph.ca.gov).

Sales Limits

California uses a two-tier system under AB 1144 (effective January 1, 2022) with inflation‑adjusted caps:

• Class A CFO (direct sales only): $75,000 gross annual sales, adjusted annually based on the California Consumer Price Index (ucanr.edu). • Class B CFO (direct and indirect sales): $150,000 gross annual sales, likewise adjusted for inflation (ucanr.edu).

Operators must track gross annual sales carefully—caps reset on January 1 each year and include product price plus shipping fees, but exclude sales tax (standscout.com).

Licensing & Registration

There are two classifications of Cottage Food Operations (CFOs):

Class A (Registration)

• You register with your local enforcement agency (LEA) using a self‑certification checklist confirming compliance with operational requirements; no CDPH-level permit is issued (cdph.ca.gov).
• No routine home inspection is required—but inspectors may visit in response to complaints or illness investigations (eldoradocounty.ca.gov).

Class B (Permit)

• You must obtain a permit from your LEA and undergo one home inspection per year (cdph.ca.gov).
• Operators with a Class B permit may also conduct direct sales as a Class A CFO if desired (eldoradocounty.ca.gov).

Permit and registration processes, forms, and fees vary by county. For example, El Dorado County charges $86 (Class A) and $326 (Class B) annually (2024–2025 rates) (eldoradocounty.ca.gov). Sacramento County lists Class A registration at $297, Class B initial permit at $513, with renewals at the same rates (emd.saccounty.gov). Santa Clara County’s fees: $446 application for both classes, plus $652 annual Class A or $298 annual Class B renewal fees (deh.santaclaracounty.gov).

Training Requirements

Within three months of registration or permitting, anyone involved in preparing or packaging cottage foods must complete an ANSI‑accredited food handler (food processor) course, and re‑certify every three years (cdph.ca.gov). Some counties (e.g., San Diego) include training requirements in application packets (sandiegocounty.gov).

Home Kitchen Inspection

• Class A: No routine inspection. Home inspections occur only in case of complaints or investigations (eldoradocounty.ca.gov).
• Class B: Requires one annual home inspection by the local environmental health department to confirm compliance with operational standards (eldoradocounty.ca.gov).

Allowed Foods

The Approved Cottage Foods List maintained by CDPH specifies permitted non‑potentially hazardous foods. Categories include:

1. Baked goods without cream, custard, or meat fillings: e.g., bagels, brownies, cookies, pies (fruit only, no pumpkin), tamales (fruit only), waffles, etc. (cdph.ca.gov)
2. Candy and confections: e.g., bonbons, brittle, candied apples, fudge, marshmallows (without eggs) (cdph.ca.gov)
3. Extracts (≥70 proof ethanol): e.g., vanilla, cherry, raspberry, etc. (cdph.ca.gov)
4. Dried/dehydrated/freeze-dried foods: e.g., granola, dried fruit, seasoning mixes, tea, trail mix (cdph.ca.gov)
5. Frostings, icings, fondants, gum pastes without eggs/cream/cream cheese (but meringue powder/pasteurized eggs allowed) (cdph.ca.gov)
6. Pure honey and sorghum syrup (cdph.ca.gov)
7. Fruit butters, preserves, jams, jellies meeting 21 CFR Part 150 standards (cdph.ca.gov)
8. Nuts, nut mixes, nut butters (roasted/pasteurized only) (cdph.ca.gov)
9. Powdered drink mixes made from manufactured ingredients (protein claims not allowed) (cdph.ca.gov)
10. Vinegars and mustards (plain/no‑egg mustard, and fruit‑infused vinegars using high‑acid fruits) (cdph.ca.gov).

Prohibited Foods

Foods not on CDPH’s approved list are not allowed. This includes acidified, low-acid canned foods, meat, dairy, cream/custard fillings, pickles, hot sauces, and other potentially hazardous products (cottagecms.com). Cottage food law also prohibits gluten‑free and health claims, unless complying with federal standards (deh.santaclaracounty.gov).

Labeling Requirements

Every cottage food product must include:

• Common or descriptive product name on the principal display panel (cdph.ca.gov)
• CFO name, city and zip; if not in phone directory, include street address (cdph.ca.gov)
• The phrase “Made in a Home Kitchen” or “Repackaged in a Home Kitchen”, in 12‑point type, on the principal display panel. If “Repackaged…,” must note description of any ready‑to‑eat products not used as ingredients (cdph.ca.gov)
• Registration or permit number and issuing county name (cdph.ca.gov)
• Ingredients list (descending order by weight) if two or more ingredients exist (cdph.ca.gov)
• Net quantity (count, weight, or volume) in English and metric units (cdph.ca.gov)
• Allergen declaration if major allergens present, either in ingredient list or in separate summary (cdph.ca.gov)
• Nutrition Facts panel is not typically required unless the label makes a nutrient content or health claim, in which case a full panel must be included (cdph.ca.gov)
• Labels must be legible and in English; additional languages are optional (cdph.ca.gov)
• Packaging materials must be food‑grade and safe; if served without packaging (e.g. at a retail facility), customers must be notified it was processed in a home kitchen (cdph.ca.gov).

Where You Can Sell

Class A (direct sales only):

• Face‑to‑face at home, temporary events (e.g., bake sales, farmers markets), USDA‑certified farmer’s markets, farm stands, CSAs, by phone or internet, mail delivery, third‑party delivery—all within California (cdph.ca.gov).

Class B (direct & indirect sales):

• All Class A venues plus indirect sales via permitted third‑party retailers (e.g., grocery stores, restaurants, cafes) within California (cdph.ca.gov).

Online sales:

• Allowed for both classes within California only; shipping to in‑state addresses is permitted; out‑of‑state shipping is prohibited (cottagecms.com).

Advertising must include: county of approval, permit/registration number, and “Made in a Home Kitchen” or “Repackaged…” statement (deh.santaclaracounty.gov).

Some counties require additional event permits for point‑of‑service venues like farmers markets—Class A/B CFO law does not automatically cover these (eldoradocounty.ca.gov).

Sales Tax

Cottage food products are subject to California sales tax. Operators must register with the California Department of Tax and Fee Administration (CDTFA), collect tax, and remit quarterly returns. Tax does not count toward sales cap calculations (standscout.com).

Special Exemptions

• One non‑family full‑time equivalent employee is allowed, beyond household members (theselc.org).
• MEHKO (Microenterprise Home Kitchen Operations) offers broader permissions (e.g., potentially hazardous foods) but is only available in select jurisdictions that have passed enabling ordinances—not under CDPH’s CFO law (cottagecms.com).
• LLCs cannot typically hold a CFO permit; permits must be issued to an individual per state law. Some operators may maintain an LLC for liability while registering as an individual (reddit.com).

Getting Started: Practical Steps

1. Contact your County Environmental Health Department to request CFO application packets and county-specific forms and fee schedules.
2. Decide on Class A or B depending on desired sales venues (direct only or allowing wholesale to retailers).
3. Complete applications, including:
   • Product list (common names)
   • Label designs meeting CDPH’s labeling requirements
   • Self-certification checklist (Class A) or additional permitting materials (Class B)
4. Submit application and pay fees—application review includes label checks; additional fees apply for extra label reviews beyond included number (eldoradocounty.ca.gov).
5. Complete ANSI-accredited food handler training within 3 months and every 3 years thereafter; retain your food handler card to provide upon request (cdph.ca.gov).
6. If Class B, schedule and pass your home kitchen inspection.
7. Receive your permit or registration, and include your permit number and county name on all labels and advertisements.
8. Track your gross sales carefully to avoid exceeding your adjusted annual cap.
9. Renew your permit/registration annually before expiration to avoid late fees or cancellation.

Official Resources

• California Department of Public Health (CDPH) Cottage Food Operations page for general state guidance (cdph.ca.gov)
• CDPH Approved Cottage Foods List (PDF) (cdph.ca.gov)
• CDPH Cottage Food Labeling Requirements (PDF) (cdph.ca.gov)
• CDPH Food Operator Training requirements page (cdph.ca.gov)
• Your County Environmental Health Department website (e.g., El Dorado, Sacramento, Santa Clara, San Diego) for applications, forms, and fees.

Official Sources

This guide was compiled from the following official sources:

• www.cdph.ca.gov
• www.cdph.ca.gov
• www.cdph.ca.gov
• www.cdph.ca.gov
• ucanr.edu
• eldoradocounty.ca.gov
• emd.saccounty.gov
• deh.santaclaracounty.gov
• ochealthinfo.com
• standscout.com
• cottagecms.com
• www.sandiegocounty.gov
• www.cdph.ca.gov
• en.wikipedia.org
• theselc.org
• www.reddit.com

Important Notes

⚠️ County-specific fees, permits, and processes can vary significantly—always verify with your local environmental health department.

⚠️ Sales limits are adjusted annually for inflation; confirm current limits with your county LEA.

⚠️ Some counties may have additional requirements for event permits at farmers markets or festivals beyond CFO rules.

⚠️ This guide references only cottage food law; MEHKO operations are separate and available only in some jurisdictions.