California Cottage Food Law Report
Complete reference for California's cottage food law — statute citation, sales cap, allowed products, registration requirements, and a county-by-county directory with health department, planning department, and zoning code links.
California Homemade Food Act (AB 1616, amended AB 1144/AB 831)
Verbatim Excerpt(a) "Cottage food operation" means an enterprise that has no more than the amount in gross annual sales that is specified in this subdivision, is operated by a cottage food operator, and has no more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to this part. A "Class A" cottage food operation shall not have more than seventy-five thousand dollars ($75,000) in verifiable gross annual sales. A "Class B" cottage food operation shall not have more than one hundred fifty thousand dollars ($150,000) in verifiable gross annual sales. The gross annual sales for a "Class A" or "Class B" cottage food operation shall be annually adjusted for inflation based on the California Consumer Price Index. (1) A "Class A" cottage food operation, which is a cottage food operation that may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues. (2) A "Class B" cottage food operation, which is a cottage food operation that may engage in both direct sales and indirect sales of cottage food products from the cottage food operation, from direct sales venues, from offsite events, or from a third-party retail food facility. (3) "Cottage food products" means nonpotentially hazardous foods, including foods that are described in Section 114365.5 and that are prepared for sale in the kitchen of a cottage food operation. (4) "Direct sale" means a transaction within the state between a cottage food operation and a consumer, in which the consumer purchases the cottage food product directly from the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers' markets, or through community-supported agriculture subscriptions.
Source: leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=113758 →
Only foods on the official state-approved foods list may be sold; this includes most non-perishable foods such as baked goods, jams and preserves, candies, chocolates, dried goods, and spices. Class A operations are limited to direct sales (including online and shipping within California); Class B operations may additionally sell through retail stores and restaurants.
Temperature-controlled and perishable foods are prohibited. Products must be nonpotentially hazardous. Interstate sales are not permitted. All sales and deliveries must remain within California.
Labels must include the county name, permit or registration number, and the statement 'Made in a Home Kitchen' or 'Repackaged in a Home Kitchen.' Wherever the CFO advertises to the public (including websites and social media), all three of these items must be included.
Tiered (see notes)
Good (IJ Grade C)
58
California Counties (58)
Cottage food registration usually happens at the county level. Click any county for local zoning, health department, and planning department links.
Where to verify California's rules
Data compiled from primary sources. Cottage food laws change — verify with your state agency before relying on this information.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with California Department of Public Healthand your local health department before relying on this data.