Cottage food operations in unincorporated San Mateo County are regulated under California's Homemade Food Act. San Mateo County Environmental Health registers Class A operations and permits/inspects Class B operations. Class A is capped at $75,000 and Class B at $150,000 in annual gross sales, and operators are limited to a set product list.
Selling homemade, non-potentially-hazardous foods from a home kitchen is governed by California's Cottage Food (Homemade Food) law, enacted by AB 1616 and effective January 1, 2013, with definitions in Health & Safety Code section 113758. In San Mateo County, the program is administered by San Mateo County Environmental Health (Health Department), which covers the unincorporated areas and County jurisdiction. Under state law there are two tiers: a Class A cottage food operation, which sells directly to consumers and is registered with the local environmental health department through a self-certification process, capped at $75,000 in verifiable gross annual sales; and a Class B cottage food operation, which may also sell indirectly through stores or restaurants, requires a permit and a home-kitchen inspection, and is capped at $150,000 in gross annual sales (these statutory caps are adjusted for inflation). Operators may prepare and sell only 'non-potentially hazardous foods' that are unlikely to grow harmful bacteria at room temperature. San Mateo County's process requires completing the CFO application through the MyEHS portal, paying a non-refundable application fee, and submitting product lists and labels; the County notes the maximum number of CFO products is 5, with extra products or extra review time billed at the hourly rate. A food-processor training course and proper labeling are also required by the state law. A cottage food operation that meets these rules and the County's home-occupation zoning conditions can lawfully run from a residence.
Operating without the required Class A registration or Class B permit, exceeding sales limits, selling prohibited (potentially hazardous) foods, or mislabeling products can lead to enforcement by County Environmental Health, including suspension and the requirement to come into compliance.
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