Credit: Keelworks Legal Research
https://keelworks.org
California Cottage Food Laws allow individuals to prepare and sell non-potentially hazardous
foods from a home kitchen. These foods do not support rapid bacterial growth and are safe at
room temperature. Oversight is provided by the California Department of Public Health
(CDPH) and local environmental health agencies.

Approved Cottage Food Products
CDPH maintains an official list of foods that may be produced under the Cottage Food Program.
Only foods on this list are allowed.
Key Approved Categories (July 1, 2020)
 Baked goods without cream, custard, or meat fillings
 Candy, chocolate-covered nonperishable foods, confections
 Dried foods (fruits, vegetables, grains, soup mixes)
 Granola, cereals, trail mixes, popcorn and popcorn balls
 Jams, jellies, preserves, and fruit butters (must meet 21 CFR Part 150)
 Nut mixes and nut butters
 Honey, syrups, vinegar, mustard
 Roasted coffee and dried tea
 Seasonings, sugars, icings, marshmallows (egg-free)
 Fruit-infused vinegars using only high-acid fruits
CDPH may add or remove products with a 30-day public notice.

Standards of Identity (Jams, Jellies, Preserves)
 Products must comply with FDA standards of identity (21 CFR Part 150)
 Ingredients and product names must be accurate
 Alterations (e.g., adding low-acid ingredients like peppers) are not allowed
 Noncompliance may result in misbranding or food safety risks (e.g., botulism)

Prohibited Foods
 Any potentially hazardous foods requiring time and/or temperature control
 Foods not listed on the CDPH approved list
 Low-acid canned foods (pH > 4.6)

Adding a New Approved Food Item
Operators may apply to CDPH to request the addition of a new food item to the approved list
through a formal application process.

Cottage Food Operations (CFO)
The term CFO refers to both:
 Cottage Food Operation
 Cottage Food Operator
All CFOs must comply with state and local regulations.

How to Start a Cottage Food Business in California
Operators must:
 Register (Class A) or obtain a permit (Class B)
 Complete CDPH-approved food safety training
 Prepare only approved foods
 Follow sanitation and food safety requirements
 Properly label products
 Stay within annual sales limits ($50,000)

Classes of Cottage Food Operations
Class A – Direct Sales Only
 Sales directly to consumers (e.g., farmers markets, home, bake sales)
 Registration with local health department
 No routine inspections (self-certification required)

Class B – Direct and Indirect Sales
 May sell through restaurants, retail stores, and other third parties
 Permit required
 Initial and periodic inspections by health authorities
 May sell outside the home county with approval

Food Safety and Sanitation Requirements
Applicable to both Class A and B:
 No domestic activities during food preparation
 No children, infants, or pets in kitchen during production
 Clean, sanitized equipment and food contact surfaces
 Pest-free environment
 No smoking in food preparation areas
 Ill workers excluded
 Potable water supply required

Food Safety Training
 CDPH-approved food processor course required
 Must be completed within 3 months of registration
 Renewal every 3 years
 Maximum course length: 4 hours

Acidity Levels and Testing
 Foods with pH below 4.6 are considered non-hazardous
 California does not mandate pH testing but may request samples
 Operators may self-test using food-grade pH meters
 Low-acid foods are not allowed under cottage food laws

Sales Locations
 Class A: Direct consumer sales only

 Class B: Direct and indirect sales (retail, restaurants, markets)

Labeling Requirements
Labels must include:
 Product name
 Producer name, city, ZIP code (street address if not listed publicly)
 “Made in a Home Kitchen” (12-point font)
 CFO permit/registration number and issuing county
 Ingredient list (descending weight order)
 Net quantity (U.S. and metric units)
 Allergen declaration (FDA-recognized allergens)
 English language, legible text
 Food-grade packaging materials
Nutrition Facts panels are not required unless nutrition or health claims are made.

Allergen Labeling
Major allergens include:
 Milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame
Clear allergen disclosure is required; some operators also disclose potential cross-contact.

Annual Sales Limit
 Maximum gross sales: $50,000 per year per CFO

Best Practices and Risk Management
 Maintain a clean, organized, and sanitized workspace
 Prevent cross-contamination
 Practice strict personal hygiene
 Keep pets out of the home
 Use proper lighting and pest control

Record Keeping
Recommended records include:
 Recipes and ingredient lists
 Production dates and batch codes
 Sales dates and locations
 Receipts and transaction records
These records help in traceability and regulatory compliance.

Liability Insurance
 Strongly recommended to protect against lawsuits
 Options include liability insurance or bonding
 Insurance provides legal defense and financial protection

Resources
 California Department of Public Health (CDPH) Cottage Food Program
 Approved Food Lists and Labeling Guides (PDFs)
 County Environmental Health Departments
 CDPH-approved Food Safety Training Programs
Link: https://cottagefoodlaws.com/california-cottage-food-laws/

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