California Cottage Food Law
Tier: Good. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
Tiered (see notes)
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.
Registration: Yes. Food handler cert: Yes (specific course).
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 →
California Cottage Food Law — Full PDF report
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Cottage Food Operations and Microenterprise Home Kitchen Operations — Frequently Asked Questions
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- California Department of Public Healthhttps://www.cdph.ca.gov/Programs/CEH/DFDCS/CDPH%20Document%20Library/FDB/FoodSafetyProgram/MEHKOandCFOFAQs.pdf
Cottage Food Operations (CFOs) are a low-risk operation based on a limited number of nonhazardous food products that can be stored. Microenterprise Home Kitchen Operations (MEHKOs) are allowed to produce potentially hazardous foods but must serve the same day it is prepared without storage. Operations beyond the scope of a CFO or MEHKO are welcome to apply for a retail food permit from the local environmental health authority or a processed food registration from CDPH.
CFO and MEHKO (CDPH)
- No. One residence cannot have both a CFO and a MEHKO. The law does not allow a CFO and a MEHKO in the same residence. The definition of a MEHKO does not include a CFO (see HSC 113825(b)).
- No. A cottage food operator is an individual who operates a cottage food operation in his or her private home and is the owner. (see Health and Safety Code section 113758).
- A MEHKO is a food facility that is operated by a resident in a private home where food is stored, handled and prepared (see Health and Safety Code section 113825).
- Both a CFO and MEHKO have limitations for the gross dollar amount allowed, number of employees, type of operation, allowed foods, etc. in a single residence. The law does not allow limits to be aggregated by multiple operations in the same residence.
- No. See Answer 1 and 2.
Cottage Food Operations (CFO) FAQ
- A CFO is an enterprise at a private home where low-risk food products are prepared, packaged, and labeled for sale to consumers.
- Private home means a dwelling, including an apartment or other leased space, where individuals reside.
- Yes. A CFO is restricted to gross annual sales amounts set by law (Class A and Class B have separate caps, adjusted periodically).
- Yes. A CFO can have one full-time equivalent employee (not counting family members or household members).
- The California Department of Public Health (CDPH) established and maintains a list of approved cottage food categories on their website and will implement a process by which new foods can be added or removed from the list. Only the foods listed by the CDPH will be approved to be made in a CFO.
- No. Class A registrations and Class B health permits are not transferable between persons, locations, types of food sold, or types of distributions.
- Yes. A person who prepares cottage food products must obtain Food Worker certification from their county within three months of being registered or permitted.
- Class A CFOs are only allowed to engage in direct sales of cottage food.
- Class B CFOs may engage in both direct sales and indirect sales of cottage food.
- Direct Sale: A transaction within the state of California between a cottage food operator and a consumer, where the consumer purchases the cottage food product directly from the CFO. 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, and transactions made via the phone, internet, or any other digital method. A direct sale may be fulfilled in person, via mail delivery, or using any other third-party delivery service.
- Indirect Sale: A transaction within the state of California between a cottage food operator, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the CFO from a third-party retailer that holds a valid permit issued by the local Environmental Health agency. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises. An indirect sale may be fulfilled in person, via mail delivery, or using another third-party delivery service.
- Planning/Zoning: All CFOs need to obtain approval from their local city or county planning department. Depending on the jurisdiction, a CFO may be required to obtain either a Home Occupation Permit and business license from their local city planning department, or an Exemption Letter from the county Land Use Services. Planning department requirements may vary between jurisdictions.
- Environmental Health: For "Class A" CFOs (direct sale only), registration with the local environmental health department and submission of a completed "Self-Certification Checklist" is required. For "Class B" CFOs (direct and indirect sales), a health permit and submission of a completed "Self-Certification Checklist" is required.
- Both Class A and B will require proof of residency via driver's license, or utility bill, etc. Both Class A and B operations once approved will require a yearly fee.
- Class A kitchens and food storage areas (referenced in the law as the "registered or permitted area") are not subject to initial or routine inspections.
- Class B kitchens and food storage areas are inspected initially prior to permit issuance, and then annually thereafter.
- The local environmental health agency may access, for inspection purposes, the registered or permitted location where the cottage food operation takes place only if the representative has, on the basis of a consumer complaint, reason to suspect adulterated or otherwise unsafe food has been produced by the cottage food operation or that the cottage food operation is found to be in violation of California food safety laws on cottage food operations.
- A person with a contagious illness shall refrain from working.
- Proper hand-washing shall be completed prior to any food preparation or packaging.
- Water used in the preparation of cottage food products must be potable. This includes washing, rinsing, and sanitizing equipment used in food preparation, and water used as an ingredient of cottage food.
- No domestic activity in the kitchen during cottage food preparation.
- No infants, small children, or pets in kitchen during cottage food preparation.
- Kitchen equipment and utensils washed, rinsed, and sanitized before each use.
- All food contact surfaces washed, rinsed, and sanitized before each use.
- All food preparation and storage areas free of vermin and pests.
- No smoking in kitchen area during preparation or processing of cottage food.
- CFOs can only sell cottage food outside their county of residence when the local environmental health agency of the outside county allows it.
- No. There are no beverages included in the list of food products allowed to be produced in CFOs, so pressing apples to make and sell apple cider is not allowed under a CFO registration or permit.
- All cottage food products must be properly labeled in compliance with the Federal, Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343 et seq.). The label should include: the name used to describe the cottage food; business name of the CFO which produced it; address of where the CFO takes place; ingredients (must include sub-ingredients), in predominance of weight; declaration if food contains applicable food allergens such as milk, eggs, tree nuts, wheat; net weight (count, weight, or volume) stated in (pound) units and metric units (grams); the words "Made in a home kitchen" or "Repackaged in a home kitchen" in 12-point type; registration or permit number of Class A or B which produced the food product; name of the county issuing the registration and health permit.
- In a permitted retail food facility, cottage food products served without packaging or labeling shall be identified to the customer as homemade on the menu, menu board or other easily accessible/visible location.
Reproduced from official California Department of Public Health guidance. Additional CFO FAQ content below is from county environmental health guidance republishing CDPH cottage food program material. Verify current rules with CDPH and your local environmental health agency.
California Counties
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View all 58 counties →City zoning rules in California
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
The Cottage Baker's Field Guide (PDF)
A 6-page reference covering all 51 jurisdictions with methodology and tier explainers — same data as this directory, ready to print and tape to your wall.
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California cottage food law — FAQ
Do I need a license or permit to sell homemade food in California?
Yes — Yes. Food handler certification: Yes (specific course).
What foods can I sell under the California cottage food law?
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.
Is there a sales cap for cottage food in California?
Tiered (see notes)
How good is California's cottage food law?
California is a Good-tier cottage food state by Crosodo's rating criteria. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with California Department of Public Health and your local health department before relying on this data.