California law bars Rialto from prohibiting cottage food operations in residential dwellings (Gov. Code 51035). Home food businesses register with San Bernardino County Environmental Health Services - Class A (direct sales) by registration, Class B (direct and indirect sales) by health permit - and also need City of Rialto planning approval.
Under California Government Code Section 51035 (added by AB 1616, the California Homemade Food Act), a city may not prohibit a cottage food operation in any residential dwelling and must either classify it as a permitted residential use, grant a nondiscretionary permit, or process a conditional use permit limited to reasonable standards on spacing, traffic, parking, and noise. Health and Safety Code Section 113758 caps Class A operations at 75,000 dollars and Class B operations at 150,000 dollars in verifiable gross annual sales, adjusted annually for inflation; only non-potentially-hazardous foods on the CDPH-approved list may be produced, and one full-time-equivalent non-household employee is allowed. HSC Section 114365 requires Class A operators to register with the local enforcement agency and self-certify, while Class B operators need a permit and inspection. In Rialto, the local enforcement agency is San Bernardino County Department of Public Health, Environmental Health Services (DEHS); per the county's AB 1616 FAQ, Class A registration was 184 dollars and a Class B permit 251 dollars as of March 2020, food worker certification is required within three months, and all cottage food operators must also obtain approval from their city planning department - in Rialto, the home occupation permit process under RMC Chapter 5.68. RMC 5.68.050(G) separately lists catering and food preparation businesses as permitted home occupations subject to San Bernardino County Health Department approval.
Operating a cottage food business without DEHS registration or permit violates the California Retail Food Code, and operating without Rialto planning approval violates RMC Chapter 5.68, an infraction with fines of 200 to 500 dollars per day (RMC 5.68.170).
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