California Cottage Food Law: Labeling and Sales Guide
Cottage food regulations for California — sales limits, allowed and prohibited products, labeling requirements, and where you can sell direct-to-consumer.
Quick Answer
California has one of the most developed cottage food regimes in the U.S. AB 1616 (2012) created two permit classes: Class A (direct sales only, no permit required) capped at $50,000 annual sales, and Class B (indirect retail sales permitted, county permit required) capped at $150,000. In 2018-2021, California also authorized Microenterprise Home Kitchen Operations (MHKO) — separate from cottage food, allowing some home-cooked meals to be sold direct-to-consumer with county approval (county adoption is optional, not universal). All California cottage food labels must include the producer name, address, product name, ingredient list, allergen disclosure, net weight, and the disclaimer "Made in a home kitchen that is not inspected by the State or local health department."
California Cottage Food Law: At a Glance
| Law / Program | AB 1616 (Cottage Food Operation) + AB 1144 (Microenterprise Home Kitchen Operation) |
| Enacted / Last Amended | 2012 (AB 1616); 2018 MHKO pilot; 2021 statewide MHKO authorization |
| Annual Sales Limit | $50,000 (Class A) / $150,000 (Class B) |
| Statute Citation | California Health & Safety Code §§113758-114429.5 |
| Enforcing Agency | California Department of Public Health + County Environmental Health departments |
Allowed Cottage Food Products
- ✓Baked goods without cream, custard, or meat fillings
- ✓Candy (hard candy, fudge, toffee)
- ✓Chocolate-covered nonperishable foods
- ✓Dried fruit and dried pasta
- ✓Granola, cereals, trail mixes
- ✓Honey, jams, jellies, preserves
- ✓Nut mixes and nut butters
- ✓Popcorn (including caramel corn)
- ✓Vinegar and mustard
- ✓Roasted coffee and dried tea
- ✓Waffle cones and pizzelles
- ✓Tortillas
Products NOT Permitted Under Cottage Food
- ✗Meat, poultry, fish, or seafood products
- ✗Dairy products (cheese, ice cream, yogurt)
- ✗Cream-filled or custard-filled baked goods
- ✗Pickled or canned vegetables (botulism risk)
- ✗Kombucha and other fermented beverages
- ✗Pet treats (separate California regulation)
- ✗Foods requiring refrigeration
Where You Can Sell
- •Class A: Direct sales only — farmers markets, roadside stands, in-person at home, charity events, food swaps.
- •Class B: Direct AND indirect sales — wholesale to retail stores, restaurants, and other commercial outlets within California.
- •No interstate shipping permitted under either class. California cottage food cannot legally be sold across state lines.
- •Online sales permitted within California for direct delivery to consumers.
California Cottage Food Labeling Requirements
- 1Product name in clear, plain English
- 2Name and address of the cottage food operation (the home-based producer)
- 3Ingredient list in descending order of predominance by weight
- 4Allergen disclosure per FALCPA + FASTER Act (9 major allergens including sesame)
- 5Net weight or volume statement
- 6Disclaimer: "Made in a home kitchen that is not inspected by the State or local health department." in 12-point type or larger
- 7For Class B operations: county permit number must appear on label
California Cottage Food FAQs
What's the difference between Class A and Class B in California?
Class A operations sell only direct-to-consumer (farmers markets, roadside stands, in-person), have a $50,000 annual sales cap, and require no permit (just operator registration). Class B operations can sell indirectly through retail outlets (grocery stores, restaurants), have a $150,000 cap, and require a county-issued cottage food permit plus annual inspections.
Do I need to take a food handler course in California?
Yes. Both Class A and Class B operators must complete a food processor training course within three months of registration. Approved courses are listed by the California Department of Public Health. The course covers food safety basics, allergen handling, and labeling compliance.
Can I sell my California cottage food on Amazon or Etsy?
Selling within California to California buyers is permitted under both Class A and Class B (delivery method varies). Selling across state lines is NOT permitted under cottage food law — cottage food can only be sold within California. To sell interstate, you need full FDA compliance and typically a commercial kitchen license.
What is MHKO and how is it different from cottage food?
Microenterprise Home Kitchen Operations (MHKO) is a separate framework authorized by AB 626 (2018) and expanded by AB 1144 (2021). MHKO allows home cooks to sell prepared meals (not just shelf-stable cottage food) direct-to-consumer with county approval. Most California counties have NOT adopted MHKO — adoption is optional at the county level. Cottage food (AB 1616) is statewide; MHKO requires your specific county to opt in.
How do I register as a Class A cottage food operation?
Submit a Cottage Food Operation Registration Form to your county Environmental Health department. Forms vary slightly by county. You'll provide your name, address, products to be produced, and a copy of your food processor course completion. Most counties charge a registration fee of $50-150 annually.
Can I make pet treats under California cottage food law?
No — pet treats are separately regulated under California Food and Agricultural Code, not cottage food law. Selling pet treats requires a separate Pet Food Manufacturer license through the California Department of Food and Agriculture.
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