California's Cottage Food Law (Health & Safety Code §113758, §114365, et seq., AB 1616 / AB 1144 / AB 1325 amendments) authorizes home-based production of approved low-risk foods. Hesperia must allow Class A and Class B Cottage Food Operations (CFOs) as a permitted home occupation; state law preempts local bans (HSC §113758).
Under California Health & Safety Code §113758, Cottage Food Operations are deemed a permitted use in residential zones and cannot be prohibited by local ordinance. San Bernardino County Department of Public Health Environmental Health Services registers Class A CFOs (direct sales only) and permits/inspects Class B CFOs (indirect sales through retailers). The 2026 gross sales cap (as adjusted by HSC §114365.5) applies. Approved foods include baked goods without cream/meat fillings, jams/jellies, dried fruits, granola, candies, roasted coffee, dried tea, and other shelf-stable items on CDPH's approved list. Requirements: (1) CFO registration/permit through SB County Health; (2) Food Handler Card from accredited program; (3) product labels with operator name, address, registration number, allergens, and 'Made in a Home Kitchen' disclosure; (4) no other persons in the kitchen during preparation except family/household and one employee; (5) pets restricted from kitchen during prep. Hesperia's Home Occupation Permit still applies for zoning compliance, but cannot deny a qualifying CFO.
Operating a CFO without state-required registration is a HSC violation enforced by SB County Health, with administrative penalties and possible misdemeanor charges. Selling non-approved foods (perishables, meats, dairy) outside CFO scope can trigger seizure and prosecution. Hesperia code enforcement may cite for any zoning standard violations (signage, traffic) but cannot bar the CFO itself.
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