Is Cottage Food Legal in California? (2026)

Key facts

Status

Restricted

Permit required

Yes

Jurisdiction

California

Last reviewed

2026-02-26

Cottage Food laws in California

California's Cottage Food Operations (CFO) are regulated under the California Homemade Food Act (AB 1616), codified primarily in the California Health and Safety Code, sections 113700-114389.5, with specific provisions for CFOs in sections 113758 and 114365 et seq. This law allows individuals to produce certain low-risk food products in their home kitchens for sale directly to consumers, or indirectly through permitted third-party retailers, without needing a full-scale commercial kitchen. There are two types of CFOs: Class A (direct sales only) and Class B (direct and indirect sales). Both require registration or a permit from the local environmental health agency. Class B CFOs face stricter requirements, including annual inspections and more extensive record-keeping. The types of food allowed are limited to 'non-potentially hazardous' foods, meaning they do not require refrigeration to prevent pathogen growth, such as baked goods (without cream, custard, or meat fillings), jams, jellies, candies, and dried fruit. A list of approved foods is maintained by the California Department of Public Health (CDPH). Penalties for non-compliance can range from administrative fines to cease and desist orders for unpermitted operations or violations of food safety regulations. Continued violations could lead to permit revocation and criminal charges in severe cases of public health endangerment. Local health departments are responsible for enforcement.

Frequently asked questions

Is cottage food legal in California for travelers?

For travelers visiting California, cottage food is currently restricted. California's Cottage Food Operations (CFO) are regulated under the California Homemade Food Act (AB 1616), codified primarily in the California Health and Safety Code, sections 113700-114389.5, with specific provisions for CFOs in sections 113758 and 114365 et seq. This law allows individuals to produce certain low-risk food products in their home kitchens for sale directly to consumers, or indirectly through permitted third-party retailers, without needing a full-scale commercial kitchen. There are two types of CFOs: Class A (direct sales only) and Class B (direct and indirect sales). Both require registration or a permit from the local environmental health agency. Class B CFOs face stricter requirements, including annual inspections and more extensive record-keeping. The types of food allowed are limited to 'non-potentially hazardous' foods, meaning they do not require refrigeration to prevent pathogen growth, such as baked goods (without cream, custard, or meat fillings), jams, jellies, candies, and dried fruit. A list of approved foods is maintained by the California Department of Public Health (CDPH). Penalties for non-compliance can range from administrative fines to cease and desist orders for unpermitted operations or violations of food safety regulations. Continued violations could lead to permit revocation and criminal charges in severe cases of public health endangerment. Local health departments are responsible for enforcement.

Do I need a permit for cottage food in California?

Yes, California requires a permit or license for cottage food. Contact the relevant state agency for application details.

Can I transport cottage food through California?

Transport laws for cottage food in California depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.

What are the penalties for cottage food violations in California?

Penalties for cottage food violations in California vary based on the specific offense. Always verify current laws before traveling.