California
ModerateCottage Food Operation (CFO) Program (Class A and Class B) · California Department of Public Health (CDPH) sets statewide rules and maintains the Approved Cottage Foods List; registration/permitting is administered locally by each county Environmental Health Department
The limits
- Sales cap
- Tiered and CPI-adjusted annually. Statutory base: Class A = $75,000; Class B = $150,000 (Cal. Health & Safety Code § 113758). Effective January 1, 2026 (current): Class A = $88,878; Class B = $177,756.
- You can sell
- Non-potentially-hazardous foods on CDPH's Approved Cottage Foods List, including baked goods without cream/custard/meat fillings (breads, cookies, pies with fruit-only filling, etc.), candy and confections, certain high-proof flavoring extracts, dried/dehydrated/freeze-dried foods, jams/jellies/preserves, and other shelf-stable categories; the full list is maintained and periodically updated by CDPH.
- You cannot sell
- Potentially hazardous/TCS foods not on the Approved List (e.g., cream- or custard-filled baked goods, most meat/dairy-based products) — see CDPH's Approved Cottage Foods List for the current boundary
Getting set up
- Permit / registration
- Yes — Class A requires registration with the local county Environmental Health Department (no inspection); Class B requires a permit and is subject to inspection, for both direct and indirect (retail/restaurant) sales. CDPH itself does not register or permit CFOs.
- Cost
- Varies by county — confirm with the applicable Local Environmental Health Department
- Training
- Yes — CFO must complete Cottage Food Operator Training within three months of registering or being permitted
- Kitchen inspection
- No for Class A; Class B is subject to inspection as part of permitting
- Labeling
- Per CDPH's Cottage Food Labeling Requirements — labels must be compliant with state and federal requirements (name/address of operation, product name, ingredient list, net weight, allergens, and required cottage-food disclosure language); see CDPH's Labeling Requirements PDF for full detail
Where you can sell
- Permitted venues
- Class A — direct sale to the public only (in person, phone, internet, or other digital method). Class B — direct sale to the public or indirect sale through restaurants and food markets.
- Online sales
- Yes, for both Class A and Class B
- Delivery in state
- Yes — a direct sale (Class A or B) may be fulfilled in person, via mail delivery, or through any third-party delivery service (USPS, UPS, FedEx, etc.) within California; indirect sales (Class B) may also use mail or third-party delivery
- Shipping out of state
- No — shipping outside California is prohibited under both California's cottage food law and federal FDA rules governing interstate commerce
The fine print
- Statute
- California Health and Safety Code (Retail Food Code) § 113758 et seq.; created by AB 1616 (2012), substantially expanded by AB 1144 (effective January 1, 2022)
- Recent changes
- Annual CPI-based adjustment to sales caps continues (most recent effective January 1, 2026: Class A $88,878 / Class B $177,756, per CDPH's official CPI adjustment schedule). AB 660 (2024) standardizes food date-labeling language ("Best if Used By"/"Use By") beginning July 1, 2026, which affects cottage food labeling as well as broader retail food labeling.
- Notes
- California also has a distinct Microenterprise Home Kitchen Operation (MEHKO) pathway — a home-restaurant model (not a cottage food operation) authorized county-by-county under a separate framework, generally capped around $100,000 in gross annual sales and limited to 30 meals/day and 90 meals/week where adopted. As of recent counts, roughly 18 California counties/cities have opted in. MEHKO is administered locally and should not be confused with the statewide CFO program described above. ---
