Cottage Food Operations: Irvine vs Midway City
How do cottage food operations rules compare between Irvine, CA and Midway City, CA?
Midway City has fewer restrictions than Irvine.
Irvine, CA
Orange County
Irvine regulates cottage food operations under Zoning Ordinance Chapter 2-18 (Cottage Food Operator Permit) and California's Homemade Food Act. Class A and B operators must register or obtain permits from the OC Health Care Agency and obtain a city cottage food operator permit.
View full Irvine rules →Midway City, CA
Orange 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 Midway City rules →Key Facts Comparison
| Fact | Irvine | Midway City |
|---|---|---|
| City Permit | Cottage Food Operator Permit | - |
| County Registration | OC Health Care Agency | - |
| Sales Cap | $75,000/year | - |
| Code Section | Zoning Ordinance Ch. 2-18 | - |
| Business License | Required | - |
| 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.
Irvine FAQ
Can I sell baked goods from my home in Irvine?
Yes. You need a cottage food operator permit from the city (Zoning Ordinance Ch. 2-18), registration/permit from OC Health Care Agency, and a city business license.
What foods can I sell as a cottage food operator?
Approved non-hazardous foods include baked goods, jams, dried fruits, granola, candy, and honey. Check the current approved list with OC Health Care Agency.
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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