Chino Hills allows cottage food operations as home occupations but defers to state law: performance standard 19 of the Home Occupation Permit requires that a 'cottage food operation shall comply with California Health and Safety Code Section 113758.' Registration/permitting is handled by San Bernardino County Environmental Health, not the City.
The City of Chino Hills recognizes cottage food operations (CFOs) as a permitted home occupation but does not impose its own food rules - it points directly to state law. Performance standard 19 on the City's Home Occupation Permit application states that a 'cottage food operation shall comply with California Health and Safety Code Section 113758,' the California Retail Food Code provision (originating in AB 1616, the California Homemade Food Act) that defines CFOs and the approved foods, sales caps, labeling, and training requirements. A Chino Hills home baker still needs the City's Home Occupation Permit and business license and must meet the general home-occupation performance standards - including the 400 sq ft / 20% floor-area limit, no exterior signage, the three-visitors-per-day and three-deliveries-per-day caps, and no off-site odors or impacts. The actual CFO registration (Class A) or permit and inspection (Class B), required food-handler training, and the state gross-sales limits are administered by the San Bernardino County Department of Public Health, Environmental Health Services, because cottage food is a state-preempted, county-enforced program. In short, the City controls the land-use side (home occupation) while state law and the County control the food-safety side. The City form also requires the operator to certify compliance with all applicable federal, state, and county regulations.
Selling cottage foods without the required state/county CFO registration or permit, exceeding state gross-sales limits, or operating without the City's HOP and business license can lead to county enforcement on the food side and City code enforcement on the land-use side.
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