Cottage Food Operations: Bakersfield vs Delano
How do cottage food operations rules compare between Bakersfield, CA and Delano, CA?
Delano has fewer restrictions than Bakersfield.
Bakersfield, CA
Kern County
Bakersfield home-based food businesses operate under the California Homemade Food Act (Health & Safety Code §§113758, 114365 et seq.) administered by Kern County Public Health. Class A CFOs allow direct sales; Class B allows indirect sales. Microenterprise Home Kitchens (MHKOs) under AB 626 are permitted only if Kern County has opted in. As of 2026, Kern County has not broadly authorized MHKOs.
View full Bakersfield rules →Delano, CA
Kern County
The California Homemade Food Act, codified at Health and Safety Code sections 113758 and 114365, sets uniform rules for cottage food operations and bars local governments from prohibiting them in residential zones.
View full Delano rules →Key Facts Comparison
| Fact | Bakersfield | Delano |
|---|---|---|
| State Law | H&S §§114365, 113758 (Homemade Food Act) | - |
| Permit Authority | Kern County Environmental Health | - |
| Class A Sales | Direct-to-consumer only | - |
| Class B Sales | Indirect; requires kitchen inspection | - |
| AB 626 MHKO | Requires Kern County opt-in (not broadly adopted) | - |
| Primary statute | - | H&S Code 113758 |
| Local preemption | - | H&S Code 114365 |
| Class A revenue cap | - | Adjusted annually |
| Class B requirement | - | Annual inspection |
| Permit type | - | Registration or permit |
Highlighted rows indicate differences between cities.
Bakersfield FAQ
Can I sell homemade cookies from my Bakersfield home?
Yes, as a Class A Cottage Food Operation. Register with Kern County Environmental Health, complete a food handler course, label products with your CFO number and allergen info, and obtain a Bakersfield Home Occupation Permit and business tax certificate.
Can I run a home restaurant under AB 626 in Bakersfield?
Generally no. AB 626 Microenterprise Home Kitchen Operations are only legal in counties that have opted in. Kern County has not broadly adopted MHKO authorization, so hot-meal home kitchens are not currently permitted in Bakersfield. Confirm current status with Kern County Environmental Health.
What foods are allowed under cottage food rules?
Only shelf-stable, low-risk foods on the CDPH approved list: baked goods without cream or meat fillings, candies, dried fruits, granola, jams and jellies, dry mixes, roasted coffee, popcorn, and similar items. Anything requiring refrigeration for safety is not allowed.
Delano FAQ
Can my city ban cottage food sales from my home?
No. Health and Safety Code 114365 expressly preempts local bans on cottage food operations. Cities may impose only reasonable, non-discriminatory zoning standards equivalent to other residential uses.
What foods can I sell as cottage food?
Only non-potentially-hazardous foods on the CDPH approved list, such as baked goods without cream fillings, jams, granola, and dry mixes. Refrigerated and meat products are prohibited.
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