Cottage Food Operations: Berkeley vs Fremont
How do cottage food operations rules compare between Berkeley, CA and Fremont, CA?
Fremont has fewer restrictions than Berkeley.
Berkeley, CA
Alameda County
Berkeley permits Cottage Food Operations under CA AB 1616/AB 1240. Class A direct sales need registration with Alameda County; Class B indirect sales need a permit and home inspection.
View full Berkeley rules →Fremont, CA
Alameda County
Fremont follows California Cottage Food Law (AB 1616 and AB 1240). Class A direct sales allowed with registration; Class B indirect sales need permit. Max $150,000 gross receipts.
View full Fremont rules →Key Facts Comparison
| Fact | Berkeley | Fremont |
|---|---|---|
| Class A | Direct sales, register only | Self-registration direct sales |
| Class B | Indirect, needs inspection | Permit plus inspection |
| Revenue cap | 75,000 dollars/year | - |
| Also required | HOP + business license | - |
| County contact | (510) 567-6700 | - |
| Gross Cap | - | 150,000 dollars (AB 1240) |
| Health Jurisdiction | - | Alameda County Env Health |
| MEHKO | - | Not opted-in in Alameda |
Highlighted rows indicate differences between cities.
Berkeley FAQ
Can I sell homemade tamales under cottage food?
No. Tamales contain meat and fillings classified as potentially hazardous - they are not on the CDPH approved cottage food list. Selling them requires MEHKO (if available) or a commercial kitchen.
Do I need Berkeley approval if I am already registered with the county?
Yes. You still need a Berkeley Home Occupation Permit under BMC 23.306 and a city Business License. The county handles food safety; the city handles zoning and business registration.
Fremont FAQ
Can I sell cottage food online?
Yes. Class A CFOs can take online orders as long as delivery is direct to the consumer (pickup or direct local delivery). Shipping across county lines is allowed within California but not interstate.
Do I need a separate kitchen?
No. CFO law specifically authorizes use of your regular home kitchen. Basic requirements include no pets in the kitchen during production, proper handwashing, safe food temperatures, and a California food handler card.
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