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San Diego County, CA Home Business: Cottage Food Operations (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
San Diego County Code § 61.116
Enforcing agency
Dept. of Environmental Health and Quality
Well water standard
Transient Non-Community Water System, HSC § 116275(o)
Renewal testing
Nitrate, nitrite, bacteriological samples submitted annually
CMFO sales exemption
Up to 2 carts excluded from CFO sales cap
State sales caps
Class A $75,000 / Class B $150,000 yearly
Added by
Ord. No. 10786 (N.S.), effective 7-1-22

Summary

Cottage Food Operations in unincorporated San Diego County that draw drinking water from a private well cannot get a CFO permit until they prove the well meets a "Transient Non-Community Water System" standard under County Code § 61.116. The Department of Environmental Health and Quality requires a full water-quality panel with the application and renewed nitrate, nitrite and bacteriological samples every year the permit is active.

City-specific rules exist: Oceanside, and Bostonia have their own cottage food operations rules that differ from San Diego County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(a) Cottage Food Operations (CFOs) whose potable water supply comes from a private well shall submit with their permit application sample results verifying the water supply meets at minimum a "Transient Non-Community Water System" standard, as defined in HSC Section 116275(o). Sample results shall include nitrate, nitrite, bicarbonate, carbonate and hydroxide alkalinity, calcium, iron, magnesium, manganese, pH, specific conductance, sodium, total hardness and bacteriological water quality. (b) CFOs whose permits are initially approved shall submit annually with the CFO permit renewal, updated nitrate, nitrite and bacteriological water sample results that show the water supply continues to meet "Transient Non-Community Water System" potable water standards. CFOs served by a public water system with groundwater sources shall submit documentation that water supply meets at minimum Transient Non-Community water quality standards. (c) Transactions at up to two CMFOs operated by a CFO shall not count toward the annual gross sales restrictions in HSC Section 113758 applicable to CFOs.

Source: County DEHQView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-141: Administrative: Current through Ord. No. 11007 (N.S.), effective 7-10-26 | Regulatory: Current through Ord. No. 11008 (N.S.), effective 7-24-26).

Full Breakdown

116 sits in Title 6, Division 1, Chapter 1 (Regulation of Retail Food Facilities and Food Handlers) and targets Cottage Food Operations, home kitchens registered to make non-potentially-hazardous foods like jams and baked goods for sale under state law (Health & Safety Code § 113758). Because the state Retail Food Code assumes a municipal water hookup, the County added its own rule for the many parcels that run on a private well. Before the Department of Environmental Health and Quality issues the initial CFO permit, an operator relying on a well must submit sample results proving the water meets at minimum a "Transient Non-Community Water System" standard defined in HSC § 116275(o).

The application-stage panel covers nitrate, nitrite, bicarbonate, carbonate and hydroxide alkalinity, calcium, iron, magnesium, manganese, pH, specific conductance, sodium, total hardness, and bacteriological water quality. That is not a one-time hurdle: every year the CFO permit comes up for renewal, the operator must resubmit updated nitrate, nitrite and bacteriological results showing the well still meets the standard. Operators served by a public water system that itself draws from groundwater are not exempt; they must document that their supply meets the same threshold. , pushcarts) alongside the home kitchen does not have those CMFO transactions counted against the CFO's state annual gross-sales ceiling under HSC § 113758, which caps a Class A cottage food business at $75,000 and a Class B business at $150,000 a year, both adjusted annually for inflation.

101 explains it implements the CRFC and applies county-wide because the Director also serves as environmental health officer for all 18 incorporated cities by agreement.

Violations & Fines

Section 61.116 sets no separate fine, but a CFO permit is a food facility permit under County Code § 61.104, and the Department will not issue or renew one until the well-water results are on file. Operating without a valid permit triggers § 61.105: the Department may recover its enforcement costs from the violator, capped at three times the cost of the permit, and must bill the assessment within 15 days or when the operator applies for the permit, whichever comes first.

Frequently Asked Questions

Does San Diego County require water testing for all cottage food operations?
Only if the CFO's kitchen relies on a private well. County Code § 61.116 requires that operator to submit an extensive water-quality panel, including mineral and bacteriological tests proving a "Transient Non-Community Water System" standard, before the Department of Environmental Health and Quality will issue the permit, and to resubmit key results every year at renewal.
What happens if my CFO's well water fails to meet the standard?
The Department will not issue or renew the CFO permit until the well meets "Transient Non-Community Water System" quality under HSC § 116275(o). Operating a cottage food business without a valid permit exposes the operator to enforcement cost recovery under County Code § 61.105, capped at three times the permit fee.
Can I run a mobile cart alongside my home cottage food kitchen without hurting my sales cap?
Yes, up to two Compact Mobile Food Operations tied to your CFO. Transactions at those carts do not count toward the state annual gross-sales ceiling for CFOs under HSC § 113758, which is $75,000 for a Class A operation and $150,000 for a Class B operation, adjusted yearly for inflation.
Does this rule apply if I live inside the City of San Diego rather than the unincorporated county?
Yes. Unlike most County Code Title 6 provisions, § 61.116 implements the state Retail Food Code and applies county-wide, because the Director of Environmental Health and Quality also serves as the environmental health officer for all 18 incorporated cities in San Diego County by agreement.

Sources & Official References

Other rules in San Diego County

All San Diego County rules

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