California AB 1616 and AB 1240 authorize cottage food operations from home kitchens. San Bernardino operators must register with County Environmental Health and follow state product, label, and sales rules.
The California Homemade Food Act, originally enacted by Assembly Bill 1616 in 2012 and expanded by Assembly Bill 1240 and subsequent legislation, authorizes cottage food operations (CFOs) to produce low-risk non-hazardous foods in a home kitchen for direct sale to consumers. In San Bernardino, cottage food operators register with the San Bernardino County Department of Public Health Environmental Health Services under one of two classes. A Class A CFO sells only direct to the end consumer (at the home, at farmers markets, pop-ups, and similar) and self-registers after completing a food handler course. A Class B CFO may also sell indirectly through retail stores and restaurants and must undergo an annual home-kitchen inspection. Permitted foods under the state approved list include baked goods without cream or meat fillings, jams and jellies, dried pasta, granola, candies, certain nut butters, and dried teas and herbs. Highly perishable items like meat, seafood, and cream fillings are prohibited. Gross annual sales are capped by statute at 75,000 dollars for Class A and 150,000 dollars for Class B, adjusted for inflation. CFOs must label products with the operator name, address, registration number, product name, ingredient list, allergen declarations, and a mandatory statement that the product is made in a home kitchen not subject to retail inspection. Local home occupation rules still apply: no signage, minimal customer traffic, and the kitchen cannot be converted into a commercial facility.
Contact your local code enforcement office for specific penalty information.
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