California's Homemade Food Act (AB 1616 / AB 1144) permits Cottage Food Operations (CFOs) producing approved non-potentially-hazardous foods from a private home kitchen, under California Health & Safety Code section 113758 et seq. CFOs are permitted by San Bernardino County Environmental Health Services. Cal. HSC section 113758 expressly preempts local zoning bans on CFOs as long as state requirements are met; Chino must allow Class A and Class B CFOs as a residential use, though it may impose reasonable zoning conditions consistent with state law.
Cottage Food Operations are governed by Cal. Health & Safety Code sections 113758, 113758.1, 114365, and 114365.5. Class A CFOs (direct sales only - farmers markets, the home, community events) self-register with the local environmental health agency; Class B CFOs (which may also sell indirectly through restaurants/retailers) require a permit and a kitchen inspection. Annual gross sales cap is $150,000 (raised by AB 1144). Only foods on the CDPH-approved CFO list may be sold (e.g., baked goods without cream fillings, jams/jellies, granola, dried pasta, candies, roasted coffee). Food handler training (state-approved CFO course) is required. In San Bernardino County, CFOs register/permit through San Bernardino County Department of Public Health, Environmental Health Services. HSC section 113758(b) prohibits local agencies from banning CFOs, but they may apply local zoning standards that do not unreasonably restrict CFO operation - so Chino's Home Occupation Permit can still apply procedurally. Microenterprise Home Kitchen Operations (MEHKOs) under HSC section 114367 require county opt-in; San Bernardino County has not adopted MEHKOs as of mid-2025 - verify current status before relying.
Operating a CFO without state-required registration/permit, or selling non-approved foods, is enforceable by the County Environmental Health Department under HSC. Violating Chino's Home Occupation Permit conditions (e.g., generating excess traffic for direct sales) is enforceable by City Code Enforcement.
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