Unincorporated San Benito County expressly allows cottage food operations and treats them as home occupations with added requirements. They must comply with the County Code's home-occupation standards plus California's Homemade Food Act (Government Code 51035 et seq. and Health & Safety Code 114365 et seq.) and registration or permitting through the County Department of Public Health.
San Benito County Code Section 25.08.003 specifically addresses cottage food operations in the unincorporated county. It states that these provisions 'shall apply to cottage food operations, as defined by current state law,' in compliance with the zoning districts in Chapter 25.03, and that the standards apply in addition to requirements imposed by the San Benito County Department of Public Health and other agencies. The zoning standard, Section 25.08.003(B), requires that 'All cottage food operations shall comply with the standards and provisions in the Home Occupations section, as well as regulatory standards established by state law (Cal. Gov't Code Sections 51035 et seq. and Cal. Health and Safety Code Sections 114365 et seq.) and the County Department of Public Health.' The companion home-occupation section confirms that 'a cottage food operation will be considered a home occupation but will have additional requirements as regulated by the state law and County Department of Public Health' (Section 25.08.004(A)). In practice this means a cottage food operation may be run from the home with no separate planning permit (because home occupations require none), but the operator must still meet the home-occupation operating limits and register with, or be permitted by, the County's Environmental Health program under the state Homemade Food Act. State law sets the two classes of operation - Class A (direct sales) and Class B (direct and indirect sales) - the allowable food list, labeling rules, and the gross-sales caps. The County of San Benito's Health and Human Services Agency / Environmental Health administers cottage food registration and permitting locally.
Operating a cottage food business without the required state-mandated registration or permit from the County Department of Public Health, or beyond the home-occupation limits, is subject to enforcement by Environmental Health and to code-enforcement procedures under Title 1.
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