California state law (Cal. Health & Safety Code §113758 and §114365) authorizes Cottage Food Operations (CFOs) — non-potentially-hazardous foods made in a private home kitchen — and preempts local bans. Class A CFOs (direct sales only) and Class B CFOs (direct + indirect/wholesale) register with Riverside County Department of Environmental Health. Menifee's home-occupation zoning rules (§9.255) still apply: the CFO must operate within the residence, comply with traffic/sign/delivery limits, and obtain a Menifee business license under MMC Ch 5.01.
Per Cal. Health & Safety Code §113758, a Class A CFO is capped at $75,000 in verifiable gross annual sales (CPI-indexed; approx. $86,000 in 2026) and may engage only in direct sales (farmers markets, fairs, direct-to-consumer). A Class B CFO is capped at $150,000 (CPI-indexed; approx. $172,000 in 2026) and may engage in both direct and indirect sales (sales through third-party retailers, restaurants, online with delivery). HSC §114365 deems CFOs a 'permitted use of residential property for zoning purposes' — cities cannot prohibit CFOs in residential zones but may regulate spillover effects (traffic, parking, noise, dust, odor). Operators must complete a food-handler training course and register/permit with Riverside County Environmental Health. Menifee Development Code §9.255 layers on top: the CFO functions as a home occupation, so the resident-only employee rule, 2-square-foot unlighted sign max, 8 a.m.–7 p.m. customer hours, and one-bulk-delivery-per-week limit all apply, plus the city business license under MMC Ch 5.01.
Operating a CFO without state registration, exceeding gross-sales caps, producing potentially hazardous foods, or violating Menifee's §9.255 home-occupation overlay (excess traffic, oversized signage, unpermitted employees) are enforcement triggers.
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