San Diego County cottage food law.
San Diego County is among the top 10 most populous countys in California (pop. 3,289,701). California has a Good-tier law with a solid baseline (often $50K+ cap). San Diego County bakers should check both state registration and local health department permitting. County research shows: home kitchen allowed, inspection required, home occupation permit not required. San Diego County is a MEHKO opt-in county (permanent program since January 5, 2024). DEHQ is the local enforcement agency for both MEHKOs and CFOs. Initial CFO applications require at least 1 product label per category; initial fee covers up to 10 label reviews. Food processor training course must be completed within 3 months of CFO approval. MEHKO operators must display their permit during hours of operation and are listed at SDFoodInfo.org. Use the links below to check current requirements before you bake.
San Diego County cottage food reports
Full statute, all counties in California, and authoritative source URLs.
State PDF
Zoning, permits, health department rules, and local sources for San Diego County.
County PDFTier: Good
California has a Good-tier cottage food law — solid baseline with moderate restrictions, typically a high sales cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers with reasonable scale plans.
View state law →Health department
Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.
Home occupation rules
The county or city zoning code governs whether you can run a home-based food business — customer visits, signage, employees, floor area.
Home kitchen, inspection, and zoning rules for San Diego County
State baseline: Cal. Health & Safety Code §113758
- Home kitchen allowed
- Yes
- Restrictions
- San Diego County opted into the permanent MEHKO program (effective January 5, 2024), administered by the Department of Environmental Health and Quality (DEHQ). Standard CFO Class A (direct sales only) and Class B (indirect retail allowed, inspection required) registrations/permits also available. For cities within SD County, operators must also check city-specific permit/license requirements.
- Separate dedicated kitchen
- No
- Pet restrictions
- State baseline applies
- Water supply
- Specific county requirement: private well users must submit full panel water testing results with MEHKO application; San Diego County Cottage Food Potable Water Requirements PDF available from DEHQ.
- Handwashing
- State baseline applies
- Food storage
- State baseline applies
- Inspection required
- Yes
- Inspection trigger
- MEHKO: initial inspection required before permit issuance; annual inspections thereafter; additional fees for justified complaint response and re-inspections. CFO Class B: pre-inspection required before permit. CFO Class A: no routine inspection; upon-complaint only.
- Home occupation permit
- Varies by city
- Permit details
- DEHQ refers operators to city-specific permit/license requirements. For unincorporated county areas, state preemption (Gov. Code §51035) prohibits zoning restrictions on CFOs. MEHKO operators must verify HOA approval before applying.
- Local business license
- Varies by city
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- MEHKO permits on-site dining, pickup, and delivery by operator/staff. CFO allows in-home direct sales and online orders. State preemption bars local sales restrictions.
- Max employees in home
- state baseline applies (1 non-family employee for CFO; MEHKO limited to 1 FTE equivalent)
- Relevant code section
- San Diego County Board of Supervisors MEHKO resolution (permanent program, effective January 5, 2024); Cal. Health & Safety Code §113758 (CFO) and §114367 (MEHKO)
San Diego County is a MEHKO opt-in county (permanent program since January 5, 2024). DEHQ is the local enforcement agency for both MEHKOs and CFOs. Initial CFO applications require at least 1 product label per category; initial fee covers up to 10 label reviews. Food processor training course must be completed within 3 months of CFO approval. MEHKO operators must display their permit during hours of operation and are listed at SDFoodInfo.org.
California Homemade Food Act (AB 1616, amended AB 1144/AB 831)
Full California state report (with PDF download) →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 →
San Diego County cottage food — FAQ
Is a home kitchen allowed for cottage food in San Diego County, California?
According to our research: home kitchen is allowed. Restrictions: San Diego County opted into the permanent MEHKO program (effective January 5, 2024), administered by the Department of Environmental Health and Quality (DEHQ). Standard CFO Class A (direct sales only) and Class B (indirect retail allowed, inspection required) registrations/permits also available. For cities within SD County, operators must also check city-specific permit/license requirements.
Is a health inspection required for home bakers in San Diego County?
Inspection: Yes. Trigger: MEHKO: initial inspection required before permit issuance; annual inspections thereafter; additional fees for justified complaint response and re-inspections. CFO Class B: pre-inspection required before permit. CFO Class A: no routine inspection; upon-complaint only..
Do I need a home occupation permit in San Diego County?
Home occupation permit: Varies by city. DEHQ refers operators to city-specific permit/license requirements. For unincorporated county areas, state preemption (Gov. Code §51035) prohibits zoning restrictions on CFOs. MEHKO operators must verify HOA approval before applying.
What is the California cottage food sales cap?
California state law caps cottage food sales at Tiered (see notes). County rules may add permits or zoning limits on top.
Where to verify San Diego County rules
San Diego County vs. bordering counties
| Regulation | San Diego County This county | Orange County | Riverside County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | State baseline applies | State baseline applies | State baseline applies |
| Inspection required | Yes | Conditional | Conditional |
| On-site customer pickup | Yes | Yes | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | MEHKO permits on-site dining, pickup, and delivery by operator/staff. CFO allows in-home direct sales and online orders. State preemption b… | Direct and indirect sales fulfilled in person, via mail, or third-party delivery within California only. Operator may hire up to 1 full-tim… | Direct/indirect sales within California only. State baseline applies. Operator may hire up to 1 full-time employee. |
| Home occupation permit | Varies by city | Varies by city | Varies by city |
| Local business license | Varies by city | Varies by city | Varies by city |
| Restrictions | San Diego County opted into the permanent MEHKO program (effective January 5, 2024), administered by the Department of Environmental Health… | Orange County Environmental Health administers CFO Class A (direct sales, no inspection) and Class B (indirect/retail, annual inspection) r… | Riverside University Health System – Environmental Health administers CFO Class A and Class B registrations/permits. No MEHKO opt-in confir… |
| Food storage | State baseline applies | Food may only be made and stored in the kitchen and an attached storage room used only for the home operation (state baseline). | State baseline applies |
| Population | 3,289,701 | 3,175,227 | 2,429,487 |
Compare neighboring counties
San Diego County baker discussion
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Other California counties
Cottage food law and municipal zoning interact in non-obvious ways. Before investing in equipment or marketing, talk to California's department of agriculture, your local health department, and your county or city's planning office. Crosodo is a clothing brand for cottage bakers, not a law firm.
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