Cottage food laws in San Mateo County, CA
San Mateo County, California — zoning, permits, health department links, and free PDF reports for home bakers (2026).
San Mateo County is a top-100 county by population in California (pop. 754,250). Under California's Good-tier cottage food law (sales cap: Tiered (see notes)), home bakers must still clear local zoning and health rules in this county. Registration path: Yes. Start with California Department of Public Health (state cottage food page linked below), then confirm San Mateo County health and planning requirements via the health department and planning / zoning links on this page. Local notes for San Mateo County: home kitchen allowed; inspection required; home occupation permit not required. San Mateo County is one of the most MEHKO-forward counties in California. After a 2-year pilot starting July 2021, the Board of Supervisors permanently authorized MEHKOs on September 12, 2023. MEHKO annual permit fee is $1,108 (effective November 2024; waived until October 2024 for pandemic relief). Application via MyEHS Portal (smchealth.org/myehs). MEHKO requires Food Safety Manager certification and food handler cards for all handlers. For CFO: separate pathway still available. State law prevents requiring home occupation permits for MEHKOs. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
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San Mateo 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 Mateo 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 Mateo County
State baseline: Cal. Health & Safety Code §113758 (Cottage Food Operations); Cal. Health & Safety Code §113825 (MEHKO)
- Home kitchen allowed
- Yes
- Restrictions
- Two pathways: (1) CFO Class A/B under §113758; (2) MEHKO under §113825 — San Mateo County has permanently authorized MEHKOs (ordinance approved September 12, 2023). MEHKO annual permit fee: $1,108 (effective November 2024). MEHKO: 30 meals/day, 60 meals/week, $100,000 annual cap, food must be prepared/cooked/served same day.
- Separate dedicated kitchen
- No
- Pet restrictions
- Standard sanitation; MEHKO requires food safety compliance
- Water supply
- Potable water; public municipal supply standard in most of the county
- Handwashing
- MEHKO: Food Safety Manager certification required + food handler card for all food handlers. CFO: food handler certificate required within 3 months.
- Food storage
- Standard per state approved foods list (CFO) or California Retail Food Code (MEHKO)
- Inspection required
- Yes
- Inspection trigger
- MEHKO requires initial inspection before permit issuance. CFO Class B requires initial inspection. Routine inspections may follow.
- Home occupation permit
- Conditional
- Permit details
- For MEHKO: state law prevents cities/counties from requiring separate home occupation permits for MEHKOs — only local health department permit required. For CFO: state GOV §51035 preempts local zoning restrictions. Check with specific city (Redwood City, San Mateo, Daly City, South San Francisco, etc.) for any supplemental CFO or business license requirements. MEHKO guidance says also check with city for additional requirements.
- Local business license
- Conditional
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- CFO Class A: direct sales only ($75,000 cap). CFO Class B: direct + indirect ($150,000 cap). MEHKO: direct-to-consumer only (dine-in, take-out, delivery); cannot sell at farmers markets or to food facilities; $100,000 annual cap.
- Max employees in home
- 1 non-family/household full-time equivalent (both CFO and MEHKO)
- Relevant code section
- Cal. Health & Safety Code §113758 (CFO); §113825 (MEHKO); San Mateo County MEHKO Ordinance (September 12, 2023)
San Mateo County is one of the most MEHKO-forward counties in California. After a 2-year pilot starting July 2021, the Board of Supervisors permanently authorized MEHKOs on September 12, 2023. MEHKO annual permit fee is $1,108 (effective November 2024; waived until October 2024 for pandemic relief). Application via MyEHS Portal (smchealth.org/myehs). MEHKO requires Food Safety Manager certification and food handler cards for all handlers. For CFO: separate pathway still available. State law prevents requiring home occupation permits for MEHKOs.
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 Mateo County cottage food — FAQ
Is a home kitchen allowed for cottage food in San Mateo County, California?
According to our research: home kitchen is allowed. Restrictions: Two pathways: (1) CFO Class A/B under §113758; (2) MEHKO under §113825 — San Mateo County has permanently authorized MEHKOs (ordinance approved September 12, 2023). MEHKO annual permit fee: $1,108 (effective November 2024). MEHKO: 30 meals/day, 60 meals/week, $100,000 annual cap, food must be prepared/cooked/served same day.
Is a health inspection required for home bakers in San Mateo County?
Inspection: Yes. Trigger: MEHKO requires initial inspection before permit issuance. CFO Class B requires initial inspection. Routine inspections may follow..
Do I need a home occupation permit in San Mateo County?
Home occupation permit: Conditional. For MEHKO: state law prevents cities/counties from requiring separate home occupation permits for MEHKOs — only local health department permit required. For CFO: state GOV §51035 preempts local zoning restrictions. Check with specific city (Redwood City, San Mateo, Daly City, South San Francisco, etc.) for any supplemental CFO or business license requirements. MEHKO guidance says also check with city for additional requirements.
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 Mateo County rules
San Mateo County vs. bordering counties
| Regulation | San Mateo County This county | San Francisco County | Alameda County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | Standard sanitation; MEHKO requires food safety compliance | Standard sanitation; not specifically addressed | No animals inside kitchen/dining areas during MEHKO operations (MEHKO SOP requirement). State baseline applies for CFOs. |
| Inspection required | Yes | Conditional | Conditional |
| On-site customer pickup | Yes | Yes | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | CFO Class A: direct sales only ($75,000 cap). CFO Class B: direct + indirect ($150,000 cap). MEHKO: direct-to-consumer only (dine-in, take-… | Class A: direct sales only (in person, phone, internet; mail/third-party delivery permitted within California). Class B: direct plus indire… | CFO: direct/indirect sales within California only. MEHKO: on-site dining, pickup, delivery by operator/staff. MEHKO food must be prepared a… |
| Home occupation permit | Conditional | Yes | Yes |
| Local business license | Conditional | Yes | Varies by city |
| Restrictions | Two pathways: (1) CFO Class A/B under §113758; (2) MEHKO under §113825 — San Mateo County has permanently authorized MEHKOs (ordinance appr… | San Francisco is a consolidated city-county. CFO permits are administered by the SF Department of Public Health (SFDPH). Class A (direct sa… | Alameda County Department of Environmental Health (ACDEH) administers both CFO Class A/B registrations/permits and the MEHKO program. CFO a… |
| Food storage | Standard per state approved foods list (CFO) or California Retail Food Code (MEHKO) | Standard food storage per state approved foods list | State baseline applies |
| Population | 754,250 | 851,036 | 1,663,823 |
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