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Cottage Food Operations: Fullerton vs Midway City

How do cottage food operations rules compare between Fullerton, CA and Midway City, CA?

Fullerton and Midway City have similar restriction levels.

Fullerton, CA

Orange County

Few Restrictions

Fullerton permits cottage food operations under California's Cottage Food Act (AB 1616, Health and Safety Code Sections 113758 et seq.). Class A cottage food operators sell directly to consumers and register with the Orange County Health Care Agency. Class B operators may sell through third-party retailers and require a county permit. Annual gross sales are capped at $75,000. Only approved non-potentially hazardous foods may be prepared.

View full Fullerton rules β†’

Midway City, CA

Orange County

Few Restrictions

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 Midway City rules β†’

Key Facts Comparison

FactFullertonMidway City
Class ADirect sales only β€” OCHCA registration required-
Class BIndirect sales allowed β€” OCHCA permit required-
Annual Cap$75,000 gross sales-
Labeling'Made in a Home Kitchen' label required-
OCHCA(714) 433-6000-
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.

Fullerton FAQ

Can I sell baked goods from my home in Fullerton?

Yes. Under California's Cottage Food Act, you can prepare and sell approved non-potentially hazardous foods like baked goods from your home kitchen. Register as a Class A operator with the Orange County Health Care Agency to sell directly to consumers. You also need a Fullerton business license.

What foods can I sell as a cottage food operator?

Approved items include baked goods without cream filling, candies, dried fruits, granola, honey, jams, jellies, nuts, popcorn, and certain other shelf-stable foods. Meat, dairy cream, and cut fresh fruit products are not permitted. The OCHCA website has the complete approved list.

How much can I earn from cottage food sales in Fullerton?

Annual gross sales are capped at $75,000 under California law. Both Class A and Class B operations are subject to this cap. Exceeding it may require transitioning to a licensed commercial kitchen operation.

Midway City 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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