San Diego County, CA Home Business: Cottage Food Operations (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.
(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.
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?
What happens if my CFO's well water fails to meet the standard?
Can I run a mobile cart alongside my home cottage food kitchen without hurting my sales cap?
Does this rule apply if I live inside the City of San Diego rather than the unincorporated county?
Sources & Official References
Other rules in San Diego County
California rules heatmap·Compare San Diego County to another location·View the California home business overview
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