The California Homemade Food Act sets uniform rules for cottage food operations, and Government Code 51035 bars local governments from prohibiting them in residential dwellings statewide.
Health and Safety Code 113758 establishes Class A and Class B cottage food operations that produce specified non-potentially-hazardous foods in private home kitchens. Government Code 51035, added by the Homemade Food Act (AB 1616), bars cities and counties from prohibiting cottage food operations in residential dwellings; local agencies must classify them as permitted uses, grant nondiscretionary permits, or apply reasonable, nondiscriminatory use-permit standards. Class A operations require only registration with the local environmental health department; Class B operations require an annual inspection under Health and Safety Code 114365. Microenterprise Home Kitchen Operations under AB 626 expand permitted activity in opt-in counties under Health and Safety Code 114367.
Operating without registration is a misdemeanor punishable by fines up to $1,000 per violation under the California Retail Food Code. Local bans on cottage food operations in residential dwellings violate Government Code 51035.
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