California Cottage Food Laws

California Cottage Food Law: Comprehensive Guide for Home-based Food Entrepreneurs

This guide details California’s Cottage Food Operation (CFO) regulations, including sales limits, registration, training, labeling, allowed foods, and practical steps to launch your home food business—based solely on California Department of Public Health (CDPH) sources.

Quick Facts

Overview / Introduction

California’s Cottage Food Operation (CFO) program allows individuals to prepare and sell non-potentially hazardous foods from their home kitchens under state regulations derived from the California Retail Food Code (CRFC). The CDPH does not register or permit CFOs; instead, registration or permitting is handled by local Environmental Health Departments. CDPH maintains the Approved Cottage Food List and provides the statewide framework of rules to ensure food safety and compliance. (cdph.ca.gov)

Sales Limits

There are two classes of CFOs with distinct gross annual sales limits:

Class A CFO

• Authorized for direct sales only (e.g., in-person, farmers’ markets, online, phone orders delivered in-state).
• Annual sales cap: $75,000. (cdph.ca.gov)

Class B CFO

• Authorized for both direct and indirect sales (through third-party retailers, restaurants, markets) statewide.
• Annual sales cap: $150,000. (cdph.ca.gov)

Licensing & Registration

• California’s CDPH does not register or permit CFOs. Instead, you must register (Class A) or obtain a permit (Class B) via your local enforcement agency (LEA)—usually the county Environmental Health Department. (cdph.ca.gov)
• Class A requires submission of a self‑certification checklist confirming compliance with CRFC operational requirements. (cdph.ca.gov)
• Class B requires a formal permit application to the LEA. Specific fees and procedures vary by jurisdiction and must be obtained locally.

Training Requirements

• Anyone preparing or packaging cottage foods must complete an ANSI‑accredited food handler course within three months of registration or permitting, and renew every three years. (cdph.ca.gov)
• The certificate/card must be retained and presented to your LEA upon request. (cdph.ca.gov)

Home Kitchen Inspection

• CFO operations do not require formal inspections by CDPH. However, Class B operators may be subject to LEA inspection as part of the permitting process. CDPH outlines six operational requirements for home kitchens which must be self‑certified or enforced by LEA:
  1. No simultaneous domestic activities (e.g., family cooking) during CFO prep.
  2. No infants, small children, or pets in the kitchen during prep.
  3. Kitchen equipment must be maintained in good repair.
  4. All food contact surfaces cleaned, rinsed, and sanitized before each use.
  5. Cooking/storage areas must be vermin‑free.
  6. No smoking in areas used for CFO activities. (cdph.ca.gov)

Allowed Foods

• CFOs may only produce non‑potentially hazardous foods from the Approved Cottage Food List maintained by CDPH. (cdph.ca.gov)
• Categories include:
  • Baked goods without cream, custard, or meat fillings (e.g., cookies, bread, brownies, pies with fruit only) (cdph.ca.gov)
  • Candy and confections (e.g., fudge, hard candy, marshmallows without eggs) (cdph.ca.gov)
  • Alcohol extracts (≥70 proof / 35%) (e.g., vanilla extract) (cdph.ca.gov)
  • Dried, dehydrated, freeze‑dried foods (e.g., granola, baking mixes, fruit powders) (cdph.ca.gov)
  • Frostings, icings, fondants, gum pastes without eggs, cream, or cream cheese (cdph.ca.gov)
  • Honey and sorghum syrups (pure only) (cdph.ca.gov)
  • Fruit butters, preserves, jams, jellies compliant with 21 CFR Part 150 (cdph.ca.gov)
  • Nuts, nut mixes, nut butters (must be roasted or pasteurized) (cdph.ca.gov)
  • Powdered drink mixes made from manufactured ingredients (cannot be labeled “protein”) (cdph.ca.gov)
  • Vinegars and mustards (plain, high‑acid fruit vinegars) (cdph.ca.gov)

Prohibited Foods

From CDPH FAQs:

• Salsa, pickles, pepper jelly, and other low‑acid or acidified canned foods are prohibited due to botulism risk and pH variability. (cdph.ca.gov)
• Custard pies (e.g., sweet potato or pumpkin pie) are disallowed because they contain moisture and potentially hazardous ingredients (milk, eggs). (cdph.ca.gov)
• Eggs are permissible in baked goods only if the final product is dry (e.g., cookies, cakes without custard or curd). (cdph.ca.gov)

Labeling Requirements

CDPH “Labeling Requirements for Cottage Food Products” specify labels must include:

1. Common/descriptive product name on the principal display panel. (cdph.ca.gov)
2. Name, city, and zip code of CFO operation; if not in a phone directory, include street address. (Phone/email optional.) (cdph.ca.gov)
3. 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 describe any purchased ready‑to‑eat products not used as ingredients. (cdph.ca.gov)
4. Registration or permit number and the LEA county name. (cdph.ca.gov)
5. Ingredients list in descending order by weight if multiple ingredients. (cdph.ca.gov)
6. Net quantity (count, weight or volume), in both English and metric units. (cdph.ca.gov)
7. Allergen declaration for major allergens (milk, eggs, fish, shellfish, tree nuts, wheat, peanuts, soybeans) either adjacent to ingredient list or within it. (cdph.ca.gov)
8. Nutrient claims (e.g., “low”, “good source”) must comply with FDA rules – disclaimer optional. (cdph.ca.gov)
9. Health claims, if used, must follow FDA regulations. (cdph.ca.gov)
10. Nutrition Facts panel generally not required unless making nutrient or health claims. If required, must include Cal/Fed mandated nutrients (e.g., calories, fat, vitamins). “Not a significant source of trans fat” footnote if applicable. (cdph.ca.gov)
11. Labels must be legible and in English; translation optional. (cdph.ca.gov)
12. Packaging materials (labels, wrappers, adhesives) must be food‑grade, safe for food contact. (cdph.ca.gov)
13. If product is served unpackaged at a retail facility, customers must be informed the food came from a home kitchen. (cdph.ca.gov)

Where You Can Sell

Class A CFOs may conduct direct sales within California via:

• In‑person (e.g., farmers’ markets, bake sales, farm stands)
• Phone, internet, or other digital methods
• Fulfilled in person, by mail, or third‑party delivery. (cdph.ca.gov)

Class B CFOs may do all above plus indirect sales to third‑party retailers (e.g., shops, restaurants) where consumers purchase from the retailer. Same fulfillment options apply. (cdph.ca.gov)

Sales Tax

CDPH sources do not address sales tax obligations. Entrepreneurs should consult the California Department of Tax and Fee Administration (CDTFA) or local authorities to determine whether cottage food sales require tax collection or exemptions.

Special Exemptions

• CDPH allows CFOs to request additions to the Approved Cottage Food List. Submissions are accepted 4 times per year, with public notice, comment, and changes becoming effective 30 days after posting. (cdph.ca.gov)
• CFO and MEHKO cannot operate in the same residence, nor can multiple CFOs or multiple MEHKOs operate in one residence—even if operated by different individuals. (cdph.ca.gov)

Getting Started

1. Review the Approved Cottage Food List to confirm your product is allowed. (cdph.ca.gov)
2. Choose your business type:
   • Class A: register with LEA via self‑certification (direct sales only, ≤$75,000/year).
   • Class B: apply for LEA permit (direct + indirect sales, ≤$150,000/year). (cdph.ca.gov)
3. Complete the ANSI‑accredited food handler course within 3 months and renew every 3 years. Retain certificate. (cdph.ca.gov)
4. Ensure your home kitchen meets the six operational requirements (sanitation, no concurrent domestic use, no pets/children, etc.). (cdph.ca.gov)
5. Design labels that fully comply with CDPH labeling rules—include all required elements in correct format/type size. (cdph.ca.gov)
6. Submit registration or permit application to your local Environmental Health Department, with necessary documentation and fees. Contact them for exact process. (cdph.ca.gov)
7. Begin your operation using approved products, maintain records, stay within sales limits, renew training, and monitor LEA communications.

Official Resources

• CDPH Cottage Food Operations (overview) page (details, links, FAQs) (cdph.ca.gov)
• Approved Cottage Foods List (PDF) (cdph.ca.gov)
• Cottage Food Labeling Requirements (PDF) (cdph.ca.gov)
• Cottage Food Operation Requirements (CRFC operational standards, sales limits, classes) (cdph.ca.gov)
• Cottage Food Operator Training (training requirements) (cdph.ca.gov)
• Adding Food to the Approved List (process and schedule) (cdph.ca.gov)
• Cottage Food FAQs (for clarifications on prohibited foods and dual operations) (cdph.ca.gov)

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
• www.cdph.ca.gov
• www.cdph.ca.gov
• www.cdph.ca.gov
• www.cdph.ca.gov