Cottage food operations in unincorporated Modoc County are governed by California's Homemade Food Act (AB 1616) and the California Retail Food Code, administered locally by Modoc County Environmental Health. The county registers Class A operators and permits Class B operators (with a home-kitchen inspection). Cottage food is a home occupation under zoning (Title 18), so the home-occupation standards also apply.
Modoc County does not have a separate cottage-food zoning ordinance; instead, cottage food is regulated by state law and administered by Modoc County Environmental Health. California's Homemade Food Act (AB 1616, effective January 2013) lets individuals prepare and sell certain non-potentially hazardous foods — foods that do not support rapid bacterial growth when held outside refrigeration — from a home kitchen. Modoc County Environmental Health (202 W 4th Street, Alturas; 530-233-6310) states that cottage food operations are allowed to produce approved non-potentially hazardous foods, publishes the list of approved cottage food categories, and provides a Cottage Foods application packet and program fee schedule. State law creates two tiers: a Class A operator, who sells directly to consumers, registers with the local environmental health agency; a Class B operator, who may also sell indirectly through third-party retailers, must obtain a permit that requires a home-kitchen inspection (and annual renewal inspection). Statewide gross-annual-sales caps apply and are adjusted for inflation. All cottage food preparers must complete an ANSI-accredited food handler course within three months of registering, renewed every three years. From a zoning standpoint, running a cottage food business out of the home is a 'home occupation' under Title 18, so the home-occupation standards (inside the dwelling, no outdoor activity, residents-only employees, small nameplate, noise/odor limits) also apply. Contact Modoc County Environmental Health for the application packet and current fees, and confirm zoning compliance with the Planning Department.
Selling cottage foods without the required Class A registration or Class B permit from Modoc County Environmental Health, exceeding the allowed food categories or state sales cap, or failing the food-handler training requirement can result in enforcement under the California Retail Food Code, including orders to cease operation. Zoning violations of the home-occupation rules are enforced separately under Title 18.
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