Merced County allows cottage food operations in residential zones under Zoning Code Section 18.60.060. Operators need approval of a Zoning Clearance from the Planning Department, must comply with Merced County Environmental Health requirements, and may have one full-time employee not counting family or household members, consistent with California's cottage food law.
Section 18.60.060 of Merced County's Title 18 Zoning Code regulates cottage food operations, allowing low-risk food products to be made or repackaged at a private residence in residential zones for sale to consumers. The section recognizes both Direct Sales (in-person transactions between the cottage food operator and a consumer, such as at farm stands, certified farmers' markets, or community-supported agriculture subscriptions) and Indirect Sales (sales through a third-party retailer that holds a valid permit from the County Environmental Health Agency). The Zoning Code imposes three core requirements. First, cottage food operations must comply with Merced County Environmental Health requirements. Second, the approval of a Zoning Clearance through the Planning Department is required. Third, a cottage food operation may have one full-time employee, not including family members or household members. These provisions track California's Homemade Food Act (Health & Safety Code Section 113758 / AB-1616), which establishes the statewide cottage food program and the registration or permitting administered by the County Environmental Health Agency. In the residential use table (Table 2-3), the use is cross-referenced to Section 18.60.060, keeping it tied to the home and incidental to residential use.
Operating a cottage food business without the required Zoning Clearance, without County Environmental Health registration/permitting, or with more than the one permitted non-family employee can result in zoning and health enforcement.
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See how Merced County's cottage food operations rules stack up against other locations.
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