Cottage Food Operations (CFOs) are governed by the California Homemade Food Act, Cal. Health & Safety Code §113758 (AB 1616/AB 1144). State law preempts Jurupa Valley from banning CFOs in residential zones. Operators need a Riverside County Department of Environmental Health (RCDEH) CFO Class A or B permit/registration plus a Jurupa Valley Home Occupation Permit (JVMC §9.240.570) and Business Registration Certificate.
California preempts most local regulation of home-based food businesses through the California Homemade Food Act (AB 1616 of 2012, codified at Health & Safety Code §113758) as amended by AB 1144 (2021). §113758 defines a Cottage Food Operation as a home enterprise producing approved non-potentially-hazardous foods (the 'cottage food list' maintained by the California Department of Public Health), with Class A operations (direct sales only) capped at $75,000 in gross annual sales and Class B operations (direct + indirect/third-party retail sales) capped at $150,000. A CFO may have no more than one full-time-equivalent non-family employee in the registered area of the home. State law mandates that local jurisdictions allow CFOs as a permitted residential use: Cal. Gov. Code §51035 and H&S §113758(b)(2) direct that CFOs 'shall be classified as a residential use of property for zoning purposes,' and a city or county may not prohibit them outright. In Jurupa Valley, the workflow is: (1) Register with Riverside County Department of Environmental Health (RCDEH) under the state cottage food program — Class A is registered after a self-certification and food-processor course; Class B requires a permit and an in-home kitchen inspection. (2) Complete the CDPH-approved food processor course within 3 months of registration. (3) Obtain a Jurupa Valley Home Occupation Permit under JVMC §9.240.570 (the city can require its standard HOP but cannot deny the use itself). (4) Obtain a Jurupa Valley Business Registration Certificate under Title 5. Labeling and direct-sale rules in Cal. H&S Code §114365.5 apply.
State CFO requirements are enforced by RCDEH; failure to register/permit, exceeding sales caps, employing more than one non-family worker, or producing non-approved foods can lead to suspension of the CFO permit and seizure of product. Local Jurupa Valley violations (operating the CFO without an HOP or Business Registration Certificate) are infractions under JVMC general-penalty implementing Cal. Gov. Code §36900: $100 / $200 / $500 escalation within a 12-month period, or misdemeanor prosecution up to $1,000 and/or six months jail. The City cannot, however, prohibit the CFO use itself or impose stricter operational standards than §113758 allows — that would violate state preemption under §51035.
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