Effective January 1, 2013, the Cottage Food Bill, AB1616, allows certain low-risk food products, to be prepared and packaged in private home kitchens in California. The Cottage Food Bill, also known as the California Homemade Food Act, was passed in an effort to help Californians recover from the slow economy, promote small scale businesses and create jobs. This type of operation is called a Cottage Food Operation (CFO).
Only low-risk food products that are non potentially hazardous are allowed for a CFO. These types of products do not require refrigeration and are considered safe from rapid bacterial growth that can cause sickness. These low-risk foods include:
- Baked goods, without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas
- candy, such as brittle and toffee
- Chocolate-covered nonperishable foods, such as nuts and dried fruits
- Dried fruit
- Dried pasta
- Dry baking mixes
- Fruit pies, fruit empanadas, and fruit tamales
- Granola, cereals, and trail mixes
- Herb blends and dries mole paste
- Honey and sweet sorghum syrup
- Jams, jellies, preserves, and fruit butter that comply with the standard in Part 150 of Title 21 of the Code of Federal Regulations
- Nut mixes and nut butters
- Popcorn
- Vinegar and mustard
- Roasted coffee and dried tea
- Waffle cones and pizelles
- Cotton candy
- Candied apples
- Confections such as salted caramel, fudge, marshmallow bars, chocolate covered marshmallow, nuts, and hard candy, or any combination thereof
- Buttercream frosting, buttercream icing, buttercream fondant, and gum paste that do not contain eggs, cream, or cream cheese
- Dried or dehydrated vegetables
- Dried vegetarian-based soup mixes
- Vegetable and potato chips
- Ground chocolate
- Seasoning salt
- Flat icing
- Marshmallows that do not contain eggs
- Popcorn balls
- Dried grain mixes
- Fried or baked donuts and waffles
- Dried hot chocolate (dried powdered mixes or molded hardened cocoa pieces)
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Fruit infused vinegar (containing only high-acid fruits such as apple, crabapple, nectarine, peach, plum, quince, blackberry, blueberry, cherry, cranberry, grape, huckleberry, gooseberry, loganberry, pomegranate, pineapple, raspberry, strawberry, tomatillo, youngberry, grapefruit, kumquat, lemon, lime, orange)
CFO Types
Class A
CFOs may engage in a direct sale of cottage food products. A direct sale is a transaction between the CFO operator and the consumer. Direct sales may take place at bake sales, certified farmers’ markets, and even temporary events. This class type will not require initial or routine inspections from our Department but must complete the following prior to operating:
- Submit a completed self-certification checklist prior to operation
- Submit a completed Registration/Permitting form and register with our Department. This is required annually.
Prior to coming in with your paperwork please call your local area office to make an appointment to meet with an Environmental Health Specialist about your business.
Class B
CFOs may engage in direct and indirect sales of cottage food products. An indirect sale is where a consumer purchases a cottage food product made by a cottage food operator at a third-party retailer. A retail food facility that holds a valid health permit including markets, restaurants, bakeries, and delis are third-party retailers. Prior to operating CFOs in this class must:
- Make an appointment with an Environmental Health Specialist for an initial inspection. The initial inspection will be conducted in the kitchen and food storage area(s) and is required before issuing a permit
- Submit a completed Registration/Permitting form and obtain an annual permit from our Department