Cottage Food Operations: Midway City vs Newport Beach
How do cottage food operations rules compare between Midway City, CA and Newport Beach, CA?
Midway City has fewer restrictions than Newport Beach.
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 →Newport Beach, CA
Orange County
Newport Beach allows cottage food operations in residential kitchens under the California Homemade Food Act. Class A operators sell directly to consumers with annual sales up to $75,000. Class B operators may sell indirectly through stores and farmers markets and must register with the Orange County Health Care Agency.
View full Newport Beach rules →Key Facts Comparison
| Fact | Midway City | Newport Beach |
|---|---|---|
| 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 | - |
| Annual Sales Cap | - | $75,000 |
| Class A | - | Direct sales, self-certified |
| Class B | - | Indirect sales, requires registration |
| Employees | - | Household members only |
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.
Newport Beach FAQ
Can I sell baked goods from my home in Newport Beach?
Yes. Under the California Homemade Food Act, you can sell approved non-hazardous food products from your home kitchen. Register with the Orange County Health Care Agency as either a Class A or Class B cottage food operation.
What foods can I sell as a cottage food operator?
Approved products include baked goods, jams, honey, granola, dried fruits, candy, nut butters, and other shelf-stable items that do not require refrigeration. Check the Orange County Health Care Agency's approved food list.
Do I need a business license for cottage food in Newport Beach?
You need a Newport Beach home occupation permit or business license in addition to registering with the Orange County Health Care Agency. Contact Community Development at (949) 644-3200 for home business permit requirements.
Compare other topics
See how Midway City and Newport Beach compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool