The California Homemade Food Act is a law that legalizes the manufacture and sale of certain homemade food products. Introduced as bill AB1616, the California Homemade Food Act was signed by Governor Jerry Brown and became law effective January 1, 2013.
Prior to the enactment of the California Homemade Food Act, entrepreneurs were subjected to the same regulations as commercial restaurants and bakeries. Food safety laws forced owners to have to rent part of a retail kitchen and prepare all of their products there. Rental costs, along with the costs of complying with other health regulations, made it difficult for small-scale homemade food businesses to turn a profit. This law allows home cooks to run enterprises, termed a Cottage Food Operation or a "CFO", that manufacture "low-risk" foods from within the individual's home. These "low-risk" foods must be less susceptible to bacterial growth that could cause food poisoning; they must be able to stay fresh without needing refrigeration. For this reason, Cottage Food Operations are still barred from selling dairy products and meat. The California Department of Public Health has compiled a list of "low-risk" foods, which are approved for a CFO to produce, prepare, package, and peddle to customers out of their "private home". A CFO is limited to producing and selling foods found on this list. A "private home" can be either owned or rented by the operator of the CFO, and thus includes both houses and apartments.
The California Homemade Food Act also relaxes many zoning restrictions for CFOs, since traditional bakeries would not be allowed to operate out of a residential area. Nevertheless, Cottage Food Operations will still have to apply for a permit from the County Department of Health and follow numerous other regulations set under the law.
Allowed Foods
In California, you may register your home kitchen to make the following food products for sale:
- baked goods without custard, cream, or meat fillings (including breads, biscuits, churros, cookies, pastries, and tortillas)
- dry baking mixes
- candy, such as toffee or nut brittle
- dried fruit
- chocolate-covered nonperishable foods, such as nuts and dried fruit
- fruit pies, fruit empanadas, and fruit tamales
- granola, cereals, and trail mixes
- herb blends and dried mole paste
- honey and sweet sorghum syrup
- jams, jellies, preserves, and fruit butter that comply with the standard described in Part 150 of Title 21 of the Code of Federal Regulations
- nut mixes and nut butters
- dried pasta
- popcorn
- vinegar and mustard
- roasted coffee and dried tea, and
- waffle cones and pizelles.
You can find this list and more information about the foods you can legally prepare in a home kitchen by visiting the website of the California Department of Public Health. Also refer to California Health and Safety Code Section 113758.
Licenses and Permits
You must get a permit from the county health department to operate a home-based food business in California. You can choose from two types of permits, depending on whether you want to sell products directly to customers or through other local businesses like shops or restaurants.
Class A permit. You can get a Class A permit if you want to sell only directly to customers within the state of California. With a Class A permit, you can sell at farmers markets, festivals, from your home, or in other ways that allow individuals to purchase products directly from you. To get a Class A permit, you must complete a self-certification checklist, but there will be no physical inspection of your kitchen.
Class B permit. You need a Class B permit if you want to sell indirectly to customers – for example, through stores, restaurants, or other venues that will sell your products for you. In California, you may not sell indirectly outside of your own county, unless the county where you want to sell has specifically stated that they will allow indirect sales of cottage food products. To get a Class B permit, your kitchen must pass an annual physical inspection.
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