The California Homemade Food Act, codified at Health and Safety Code sections 113758 and 114365, sets uniform rules for cottage food operations and bars local governments from prohibiting them in residential zones.
Health and Safety Code 113758 establishes Class A and Class B cottage food operations that produce specified non-potentially-hazardous foods in private home kitchens. Section 114365 expressly bars local agencies from prohibiting cottage food operations and limits local authority to reasonable spacing or non-discriminatory standards. Class A operations require only registration with the local environmental health department; Class B operations require an inspection. Microenterprise Home Kitchen Operations under AB 626 expand permitted activity in opt-in counties under Health and Safety Code 114367.
Operating without registration is a misdemeanor punishable by fines up to $1,000 per violation under the California Retail Food Code. Local agencies that ban cottage food face injunctive relief under Health and Safety Code 114365.
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