San Jose residents can operate a cottage food business under California Health & Safety Code §114365 (the Homemade Food Act). Class A operations (direct sales only) and Class B (indirect sales through retailers) both require registration with Santa Clara County Environmental Health and produce only approved non-potentially-hazardous foods.
California's Homemade Food Act (CA Health & Safety Code §114365 et seq.) allows residents to produce and sell approved non-potentially-hazardous foods from their home kitchen. Approved foods include baked goods without cream or meat fillings, jams, jellies, granola, dry mixes, roasted coffee, candies, and similar shelf-stable items. Perishable items like cheesecakes, meats, and anything requiring refrigeration for safety are prohibited. Class A cottage food operations sell directly to consumers (farmers markets, home pickup, community events) and must register with Santa Clara County Environmental Health; no inspection is required but self-certification of training is. Class B operations sell through third-party retailers (stores, restaurants, online marketplaces) and must pass an annual kitchen inspection. Annual gross sales are capped at $150,000 for both classes under the 2023 updates. Labels must include the phrase Made in a Home Kitchen That Is Not Inspected by the Department of Public Health, allergen information, and operator details. AB 1144 (Microenterprise Home Kitchen Operations) allows broader hot-food sales from home kitchens, but Santa Clara County has authorized MEHKO pilot programs in San Jose. San Jose separately requires a Business Tax Certificate. Home-occupation zoning rules apply: no signage, no retail foot traffic exceeding normal residential visitation, and limited outside employees.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact San Jose code enforcement directly for current fines, enforcement procedures, and hearing options.
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