Cottage Food Operations: Berkeley vs Oakland
How do cottage food operations rules compare between Berkeley, CA and Oakland, CA?
Berkeley and Oakland have similar restriction levels.
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 →Oakland, CA
Alameda County
Cottage Food Operations in Oakland are authorized by California Health and Safety Code 114365 (AB 1616, Cottage Food Act) and registered or permitted through Alameda County Environmental Health, allowing sale of low-risk homemade foods from home kitchens with sales caps and labeling rules.
View full Oakland rules →Key Facts Comparison
| Fact | Berkeley | Oakland |
|---|---|---|
| Class A | Direct sales, register only | - |
| Class B | Indirect, needs inspection | - |
| Revenue cap | 75,000 dollars/year | - |
| Also required | HOP + business license | - |
| County contact | (510) 567-6700 | - |
| - | - |
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.
Oakland FAQ
Can I sell cupcakes from my Oakland home?
Yes, if they are on the state-approved cottage food list and you register as a CFO with Alameda County Environmental Health. You must label properly and stay under the 150,000 dollar annual sales cap.
Is cottage food the same as MEHKO?
No. MEHKO under AB 626 allows cooked, refrigerated meals from home but requires local program adoption. CFOs under AB 1616 are limited to non-hazardous shelf-stable foods and are available statewide.
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