Cottage food rules
Does California Have Cottage Food Laws? What to Know
A plain answer on California cottage food rules, and what to do before your first sale.
On this page
What to remember
- California allows a Cottage Food Operation in a private home kitchen, for certain non-potentially hazardous foods.
- Every item you sell must be on the state Approved Cottage Food List.
- Class A registers with your local agency. A Class B operation cannot be open for business without a permit from the local enforcement agency.
- Wash, rinse, and sanitize food contact surfaces, equipment, and utensils before each use.
If you have been baking for neighbors and wondering whether you are allowed to charge for it, the short answer is that California built a path for you. The rules are real and they are specific, but they are not a wall. They are a list of foods, a registration or a permit, and a few habits in the kitchen. If you are new to all of this, start with what cottage food laws are and how they work so the words on this page make sense.
What California lets you make at home
California law defines cottage food products as nonpotentially hazardous foods, including the foods described in Section 114365.5 of the Health and Safety Code. In plain terms, that means shelf stable bakes. The state puts the actual list in one place, and it is the list that matters. Cottage food products allowed in the program are non-potentially hazardous and must comply with the Approved Cottage Food List maintained by the California Department of Public Health. All food products sold by Cottage Food Operators must be listed on that same approved list.
The Department of Public Health does not permit or register Cottage Food Operations itself, but it does maintain the approved CFO foods list. That split catches people out. The state tells you what food is allowed. Your local agency is the one you actually deal with.
Class A and Class B, and who you talk to
California splits home bakers into two groups, and the difference is direct sales. A Class A operation registers. A Class B cottage food operation shall not be open for business unless it obtains a permit from the local enforcement agency. A cottage food operation that is registered or has a permit issued under Section 114365 is considered a restricted food service facility, which is the legal footing you stand on either way.
Because the local agency is the one issuing permits, the practical details change from county to county. Two guides that walk through this are cottage food laws in Los Angeles County and cottage food laws in San Diego, California. Read the one closest to your kitchen before you call anybody, so you know what to ask. If you are weighing a full license instead, see Department of Agriculture home bakery license.
The kitchen habits the rules ask of you
The law is not only about which cakes you can sell. It also asks something of your work space. All food contact surfaces, equipment, and utensils used for preparing, packaging, or handling cottage food products must be washed, rinsed, and sanitized before each use. That is a before every use rule, not an end of day rule. Build it into how you bake and it stops feeling like paperwork.
What to do this week
List what you actually sell
Write down every item you have sold or want to sell. No guessing.
Check each one on the state list
Look up every item on the California Department of Public Health Approved Food List. Cross off anything that is not there.
Call your local agency
Ask whether your sales will be direct only or also to shops, and whether that means registering or a permit.
Set up your cleaning routine
Wash, rinse, and sanitize every surface, tool, and utensil before each use, and keep it where you can see it.
Get your pricing right before you open
Know your cost per batch so the price you set actually pays you.
Work out what each bake costs you
Free, no signup.
Once the list is settled, the next question is money. A bake that is legal to sell can still lose you money if you price it from flour alone. Brevl does the costing for you and you can take card payments through your own Stripe or Square account, plus Venmo, Cash App, Zelle, and cash.
Common questions
Does California have cottage food laws?
Yes. California allows a Cottage Food Operation to prepare and package certain non-potentially hazardous foods in a private home kitchen, under Health and Safety Code section 113758 and the rules around it.
Who approves what I can sell?
The California Department of Public Health maintains the Approved Cottage Food List. All food products sold by Cottage Food Operators must be listed on it. The department does not permit or register operations itself.
Do I need a permit or just a registration?
It depends on your class. A Class B cottage food operation shall not be open for business unless it obtains a permit from the local enforcement agency. Class A registers. Ask your local agency which one fits how you plan to sell.
Can I sell to a coffee shop or a store?
That depends on whether you hold a registration or a permit, which is why the class question matters. Ask your local enforcement agency about the sales you have in mind before you agree to anything.
What cleaning does California require?
All food contact surfaces, equipment, and utensils used for preparing, packaging, or handling cottage food products must be washed, rinsed, and sanitized before each use.
Sources
- California Department of Public Health: Cottage Food Operations
- California Department of Public Health: CFO Requirements
- California Health and Safety Code section 113758
- California Health and Safety Code section 114365
- California Health and Safety Code section 114365.2
- Alameda County: Cottage Food Operation
This is general information about California cottage food rules, not legal advice. Rules and local requirements change. Confirm what applies to you with the California Department of Public Health and your local enforcement agency before you sell.