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California Cottage Food Law

California cottage food law, the California Homemade Food Act, lets you make foods from the state's Approved Cottage Foods List in your home kitchen and sell them anywhere in California: in person, online and by mail, and with a Class B permit through shops and restaurants too. You register (Class A) or get a permit (Class B) from your county environmental health department, take a food handler course and stay under an inflation-adjusted sales cap.

California cottage food law: map of the United States with California highlighted
Class A cap$88,878Gross annual sales, the current CDPH figure. The law starts from $75,000 and adds inflation every year.
Class B cap$177,756Gross annual sales, the current CDPH figure. The base in the law is $150,000, adjusted every year.
Who approves youYour countyThe local environmental health department, not CDPH. One county's approval covers all of California.
TrainingWithin 3 monthsA food processor course after you are approved, repeated every three years.
01

Who can run a cottage food operation

A cottage food operation (CFO) is run by the person who lives in the home where the food is made. The kitchen and any storage you use become the registered or permitted area of that home.

You can hire help, but not much: at most one full-time equivalent employee. Family members and people in your household don't count toward that limit.

California Health and Safety Code 113758(a)A "Class A" cottage food operation shall not have more than $75,000 in verifiable gross annual sales, and a "Class B" operation not more than $150,000, both adjusted annually for inflation based on the California Consumer Price Index.
02

The Approved Cottage Foods List

CDPH keeps one statewide list of foods that are safe without refrigeration. If a food isn't on it, you can't sell it as cottage food. The list has ten categories:

  • Baked goods without cream, custard or meat fillings
  • Candy and confections
  • Extracts with at least 35% alcohol
  • Dried, dehydrated and freeze-dried foods
  • Frostings and icings without raw eggs, cream or cream cheese
  • Pure honey and sorghum syrup
  • Fruit butters, jams and jellies (21 CFR Part 150 fruits)
  • Nuts, nut mixes, butters and spreads
  • Powdered beverage mixes
  • Vinegars and mustards

Some favorites are left off on purpose. CDPH explains each one:

  • Salsa: tomatoes vary in pH, and bottling it risks botulism
  • Pickles, hot sauce and other canned low-acid or acidified foods
  • Pumpkin and sweet potato pie: milk, eggs and moisture let bacteria grow
  • Pepper jelly: peppers are low-acid, and only Part 150 fruits are allowed in jams
  • Custards and lemon curd, while eggs in a dry baked cookie or cake are fine

CDPH adds and removes foods by posting a notice on its cottage food page. You can also ask CDPH to add a food with form CDPH 8764.

03

Class A or Class B: where you can sell

Your class decides who you may sell to. Both classes sell only within California.

Way of sellingClass AClass B
Markets, bake sales, farm stands, CSAs, your homeYesYes
Orders by phone, website or appYesYes
Delivery in person, by mail or a delivery serviceYesYes
Through a permitted shop, cafe or restaurantNoYes
Buyers outside CaliforniaNoNo

When a shop or restaurant serves your food unpackaged, or uses it as an ingredient, it must tell its customers the food came from a cottage food home kitchen.

04

Registration, permits, inspections and training

Class A operations register with the county and fill in a self-certification checklist that confirms they follow the cottage food rules. Class B operations get a permit, and the county may inspect them at most once a year, unless a complaint gives it reason to come back.

Both renew every year. Your local environmental health department has the forms and its fees.

Within three months of approval, you and anyone who prepares or packages your food complete a food processor course. An ANSI-accredited food handler course counts. Keep the certificate and repeat the course every three years.

05

The six kitchen rules

  • No family cooking, dishwashing, laundry or entertaining in the kitchen while you make cottage food
  • No infants, small children or pets in the kitchen during production
  • Equipment and utensils kept clean and in good repair
  • Food contact surfaces washed, rinsed and sanitized before each use
  • Prep and storage areas free of vermin
  • No smoking where cottage food or its ingredients are handled or stored
06

When you outgrow cottage food

Past the Class B cap, selling out of state, or adding foods that aren't on the list? Then you move to a licensed food facility, and the full FDA label applies: ingredients, net quantity, allergens and usually a Nutrition Facts panel.

FDA Food Labeling Requirements →
The label

What your California cottage food label must say

Legible, in English, on food-grade packaging. A computer-printed label may put everything on the front panel.

  1. 1
    Product name
    The common or descriptive name, on the front panel.
  2. 2
    Business name, city and zip
    Add your street address if your business isn't in a current phone directory.
  3. 3
    Number and county
    The registration or permit number from your county, plus the name of that county.
  4. 4
    Ingredients
    In descending order by weight, when there are two or more.
  5. 5
    Net quantity
    In US and metric units, like 6 oz (170 g).
  6. 6
    Allergens
    In the ingredient list or in a Contains statement right after it.
  7. Required statement, word for wordCopy exactlyMade in a Home Kitchen
Questions

California Cottage Food Law: questions

Yes, to customers in California. Both classes may fulfill sales in person, by mail or through a third-party delivery service. Shipping to other states is not allowed.

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