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San Jose vs Santa Clara

How do cottage food operations rules compare between San Jose, CA and Santa Clara, CA?

Santa Clara has fewer restrictions than San Jose.

San Jose, CA

Santa Clara County

Some Restrictions

San Jose residents can operate a cottage food business under California Health & Safety Code ยง114365 (the Homemade Food Act). Class A operations (direct sales only) and Class B (indirect sales through retailers) both require registration with Santa Clara County Environmental Health and produce only approved non-potentially-hazardous foods.

View full San Jose rules โ†’

Santa Clara, CA

Santa Clara County

Few Restrictions

Santa Clara home kitchens may operate as Cottage Food Operations under CA AB 1616 and AB 1240. Registration or permit from Santa Clara County Public Health is required.

View full Santa Clara rules โ†’

Key Facts Comparison

FactSan JoseSanta Clara
--
Framework-AB 1616, AB 1240 CFO + MEHKO
Permit agency-SCC Environmental Health
Class A-Direct sales, registration
Class B-Indirect sales, permit + inspection
Training-Approved food processor course

Highlighted rows indicate differences between cities.

San Jose FAQ

Santa Clara FAQ

Can I sell homemade hot meals?

Yes, under the MEHKO program if Santa Clara County has opted in and you obtain the appropriate permit. Standard Cottage Food does not cover hot meals.

Do I need a business license too?

Yes. In addition to county health registration, you need a Santa Clara city business license and must follow home occupation standards.

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