Cottage Food Operations: Midway City vs Mission Viejo
How do cottage food operations rules compare between Midway City, CA and Mission Viejo, CA?
Midway City and Mission Viejo have similar restriction levels.
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 →Mission Viejo, CA
Orange County
California's Cottage Food Law (AB 1616 and AB 1266) allows Mission Viejo residents to produce and sell approved non-potentially-hazardous foods from their home kitchens. Class A permits allow direct sales to consumers with annual revenue up to $75,000. Class B permits allow indirect sales through stores and restaurants. Registration is through the Orange County Health Care Agency. City business license is also required.
View full Mission Viejo rules →Key Facts Comparison
| Fact | Midway City | Mission Viejo |
|---|---|---|
| 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 | - |
| Class A | - | Direct sales only, self-certification |
| Class B | - | Direct and indirect sales, inspection required |
| Revenue Cap | - | $75,000 per year |
| Registration | - | OCHCA + City business license |
Highlighted rows indicate differences between cities.
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.
Mission Viejo FAQ
Can I sell baked goods from my home in Mission Viejo?
Yes, under California's Cottage Food Law. Register as a Class A operator with the Orange County Health Care Agency for direct consumer sales, or obtain a Class B permit for sales to stores. You also need a Mission Viejo business license. Annual revenue is capped at $75,000.
What foods can I sell as a cottage food operator?
Approved items include baked goods without cream fillings, candy, dried fruits, granola, honey, jams, nut butters, popcorn, roasted nuts, and spice mixes. Foods requiring refrigeration such as dairy-based products, meats, and custards are not permitted.
Does my HOA allow cottage food operations in Mission Viejo?
It depends on your community's CC&Rs. While California law preempts local ordinances that ban cottage food, HOAs may enforce rules about customer traffic, parking, signage, and visible business activities. Check with your HOA management company before starting operations.
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