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 as of 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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
San Jose, CA
San Jose Municipal Code Title 7 (Animal Care and Control) requires dogs in public places, city parks, and trails to be on a leash no longer than six feet, re...
San Jose, CA
San Jose imposes no general restriction on year-round lawn ornaments, statuary, or religious displays on private residential property. The sign code (SJMC Ch...
San Jose, CA
San Jose has no city ordinance specifically regulating residential inflatable holiday displays. Size, height, and motor noise are not restricted by the munic...
San Jose, CA
San Jose has no ordinance limiting the duration, brightness, or hours of residential holiday lighting. The general nuisance provisions in SJMC Title 6 and th...
San Jose, CA
A built-in outdoor kitchen in San Jose typically requires multiple permits: a building permit for any structural roof or counter exceeding the patio cover ex...
San Jose, CA
San Jose does not have a dedicated ordinance for backyard smokers, pellet grills, or wood-fired ovens. Use is governed by the multifamily balcony restriction...
Side-by-side rule comparisons with other cities in Santa Clara County.
See how other cities in Santa Clara County handle cottage food operations.
See how San Jose's cottage food operations rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.