Fullerton permits cottage food operations under California's Cottage Food Act (AB 1616, Health and Safety Code Sections 113758 et seq.). Class A cottage food operators sell directly to consumers and register with the Orange County Health Care Agency. Class B operators may sell through third-party retailers and require a county permit. Annual gross sales are capped at $75,000. Only approved non-potentially hazardous foods may be prepared.
California's Cottage Food Act allows residents to prepare and sell certain non-potentially hazardous foods from their home kitchens. In Fullerton, cottage food operations are regulated by the Orange County Health Care Agency (OCHCA), the designated local enforcement agency. Two classes of operations exist: Class A operations sell directly to consumers at the operator's home, farmers' markets, or community events, and require registration with OCHCA. Class B operations may additionally sell indirectly through third-party retailers (stores, restaurants) and require a permit from OCHCA along with a self-certification checklist. Annual gross sales for cottage food operations are capped at $75,000 under current state law. Only approved non-potentially hazardous foods may be prepared, including baked goods (bread, cookies, pastries without cream filling), candies, dried fruits, granola, honey, jams and jellies, nuts, popcorn, and certain other shelf-stable items. Foods requiring temperature control — such as those containing meat, dairy cream, or cut fresh fruits — are not permitted. All products must be labeled with the operator's name, address, phone number, the words 'Made in a Home Kitchen,' the product name, and ingredient list. A food handler certification is recommended but not required for Class A operators. The home kitchen must meet basic sanitation standards and is subject to inspection by OCHCA upon complaint. Fullerton's zoning ordinance does not specifically address cottage food operations, but they are generally treated as compatible home occupations since the state law preempts certain local restrictions. A Fullerton business license is required.
Operating without the required OCHCA registration or permit may result in enforcement action by the county health inspector, including orders to cease operations. Selling unapproved foods, exceeding the $75,000 annual cap, or failing to label products correctly may result in warnings, permit suspension, or permit revocation. City business license violations are handled separately by the Fullerton Finance Department.
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