California's Homemade Food Act (Health & Safety Code section 113758, added by AB-1616) lets residents sell certain non-hazardous homemade foods. Government Code section 51035 bars cities from prohibiting cottage food operations in homes and requires Eastvale to treat them as a permitted residential use or grant a nondiscretionary permit. Operators register or permit through Riverside County Environmental Health.
Cottage food operations in Eastvale are governed primarily by California state law. The Homemade Food Act (AB-1616) created Health & Safety Code section 113758, which defines a 'cottage food operation' as an enterprise in a private home with no more than one full-time-equivalent employee (not counting family or household members) that prepares non-potentially-hazardous foods on an approved list. There are two classes: Class A, limited to direct sales, and Class B, allowing direct and indirect (retail) sales, with verifiable gross-annual-sales caps that are adjusted for inflation (about $75,000 for Class A and $150,000 for Class B). On the land-use side, Government Code section 51035 provides that a city 'shall not prohibit a cottage food operation in any residential dwellings' and must either classify it as a permitted use of residential property for zoning purposes or grant a nondiscretionary permit subject only to reasonable standards on spacing, traffic, parking and noise. Operating a cottage food business is also not treated as a change of occupancy under the State Housing Law or local building and fire codes. The practical path in Eastvale is to register (Class A) or obtain a permit (Class B) through the Riverside County Department of Environmental Health, which administers the food-safety side, including the required food processor training and a kitchen inspection for Class B. A cottage food operation that also receives customers at the home would still operate within Eastvale's home occupation expectations.
Selling cottage foods without the required county registration or permit, exceeding the sales cap or class limits, or making foods not on the approved list violates state law and can lead to enforcement by Riverside County Environmental Health, including orders to stop sales and penalties.
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Side-by-side rule comparisons with other cities in Riverside County.
See how other cities in Riverside County handle cottage food operations.
See how Eastvale's cottage food operations rules stack up against other locations.
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