San Diego vs San Marcos
How do cottage food operations rules compare between San Diego, CA and San Marcos, CA?
San Marcos has fewer restrictions than San Diego.
San Diego, CA
San Diego County
Cottage food operations in San Diego require a permit from the San Diego County Department of Environmental Health. Under California's Cottage Food Law (AB 1616/AB 1147), Class A operators sell directly to consumers from their home, while Class B operators may sell at farmers markets, through third-party retailers, and online. Occasional transport of goods for off-site sale is permitted. Internet sales are not considered on-premise sales.
View full San Diego rules →San Marcos, CA
San Diego County
San Marcos residents may operate cottage food businesses from their home kitchens under California's Cottage Food Law (AB 1616 and AB 626). Class A operations sell directly to consumers and require registration with San Diego County. Class B operations may sell directly and through third-party retailers, requiring a county health permit. Annual gross sales are capped at $75,000.
View full San Marcos rules →Key Facts Comparison
| Fact | San Diego | San Marcos |
|---|---|---|
| Permit | County Department of Environmental Health permit required | - |
| Class A | Direct sales from home to consumer | Direct sales only; county registration required |
| Class B | Farmers markets, retail, online sales permitted | Direct + wholesale; county permit and inspection |
| Revenue Cap | $75,000/year (Class B) per CA law | - |
| State Law | CA HSC §§113758, 114365 (Cottage Food Law) | - |
| Sales Cap | - | $75,000 annual gross sales |
| Labeling | - | 'Made in a Home Kitchen' required on all products |
Highlighted rows indicate differences between cities.
San Diego FAQ
Do I need a commercial kitchen to sell baked goods from home?
No. California's Cottage Food Law allows approved non-potentially-hazardous foods to be prepared in a home kitchen with a cottage food permit from the County DEH.
Can I sell cottage food online?
Class B cottage food operators may sell online. Internet sales are not considered on-premise sales under San Diego's municipal code.
San Marcos FAQ
Can I sell baked goods from my home in San Marcos?
Yes, under California's Cottage Food Law. Register as a Class A operation with San Diego County for direct sales, or obtain a Class B permit to also sell through retail stores. Annual sales are capped at $75,000.
What foods can I make under the cottage food law?
Approved items include baked goods, candies, dried fruits, granola, jams, honey, and other shelf-stable products. Foods requiring refrigeration are not permitted. The county health department maintains the full list of approved items.
Do I need a San Marcos business license for a cottage food operation?
Yes. In addition to county cottage food registration or permit, you should obtain a city business license and verify that your home occupation permit accommodates cottage food production.
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