Tulare cannot prohibit cottage food operations in residential dwellings. California's Homemade Food Act (AB 1616, codified at Cal. Health & Safety Code § 113758) requires every city and county to treat cottage food operations as a permitted residential use. Tulare residents can produce non-potentially hazardous foods at home for sale within state-set sales caps after registering or being permitted by the Tulare County environmental health department.
Under Cal. Health & Safety Code § 113758 (added by AB 1616, 2012, and expanded by AB 1144/AB 1144/AB 1234), a 'cottage food operation' makes non-potentially hazardous foods (baked goods without cream/meat fillings, jams, jellies, granola, candies, dry teas, etc.) in a private home kitchen for sale to consumers. Class A operations may engage only in direct sales (farmers' markets, festivals, the producer's home) and are capped at $75,000 in gross annual sales; Class B operations may sell directly and indirectly (through retail stores or restaurants) and are capped at $150,000. Operators are limited to one full-time-equivalent employee who is not a household member. The statute provides that 'cities, counties, or city and counties shall not prohibit a cottage food operation in any residential dwellings,' and must classify it as a permitted residential use or grant appropriate permits. In Tulare County, registration (Class A) or permit (Class B) is handled by the Tulare County Environmental Health Division; operators still need the City of Tulare Business Tax Certificate under Title 5 if operating inside city limits. The standard food-handler card and a kitchen processor course are required, and product labeling must include the producer name, registration/permit number, ingredients, allergens, and the statutory 'Made in a Home Kitchen' disclosure.
Selling non-approved (potentially hazardous) food categories, exceeding gross sales caps, employing more than one non-household FTE, or selling without registering with Tulare County Environmental Health is a violation of state law and can result in cease-and-desist orders. Tulare cannot, however, impose stricter zoning prohibitions than the state framework allows.
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