Cottage Food Operations: Midway City vs Santa Ana
How do cottage food operations rules compare between Midway City, CA and Santa Ana, CA?
Midway City has fewer restrictions than Santa Ana.
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 →Santa Ana, CA
Orange County
Cottage food operations are permitted in Santa Ana under California's Homemade Food Act (AB 1616/AB 626) and SAMC business licensing requirements. Class A operators sell directly to consumers; Class B operators may sell through third-party retailers and at farmers markets.
View full Santa Ana rules →Key Facts Comparison
| Fact | Midway City | Santa Ana |
|---|---|---|
| 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-to-consumer, county registration |
| Class B | - | Includes wholesale, county permit |
| Sales Cap | - | $75,000/year |
| Business License | - | Required from City of Santa Ana |
| State Law | - | HSC §113758, §114365 |
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.
Santa Ana FAQ
Can I sell baked goods from my home in Santa Ana?
Yes. Under California's cottage food law, you may sell approved non-hazardous foods from your home with proper registration (Class A) or permit (Class B) from the Orange County Health Care Agency plus a Santa Ana business license.
What foods can I sell as a cottage food operator?
Approved items include baked goods, jams, dried fruits, granola, candy, honey, and other non-potentially-hazardous foods. Check the current list with the Orange County Health Care Agency.
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