Tuolumne County Zoning Ordinance Chapter 17.52 allows a cottage food operation in any permitted dwelling once the Environmental Health Division issues a registration (Class A) or permit (Class B). It is treated as a home occupation and accessory use and must follow the California cottage food law (HSC 114365 et seq.).
Chapter 17.52 of the Tuolumne County Zoning Ordinance governs cottage food operations (CFOs). A CFO is allowed in any permitted dwelling unit provided a registration or permit is first issued by the County Environmental Health Division (Section 17.52.020). The use is treated as a home occupation and an accessory use to a legally established residential unit, provided it complies with all registration and operational requirements in the California Health & Safety Code cottage food provisions (Chapter 11.5, commencing with Section 114365, of Part 7 of Division 104) (Section 17.52.040). California's cottage food law (originally the California Homemade Food Act, AB-1616) recognizes Class A operations (direct sales only) and Class B operations (direct and indirect sales). The County's CFO registration form and self-certification checklist require: filing a fictitious business name with the County Clerk; obtaining a food handler card for all food handlers; limiting the operation to no more than one full-time-equivalent employee (immediate family or household members excluded); preparing only approved non-potentially-hazardous foods in the home's private kitchen; and, where the water source is a private well, submitting bacteria, nitrate/nitrite (and in certain areas arsenic) test results to Environmental Health. Selling is allowed only at venues approved by the local Environmental Health Division. Submitting the form does not by itself authorize operation.
Operating a CFO without the required registration/permit, exceeding one full-time-equivalent employee, preparing prohibited potentially-hazardous foods, or selling at unapproved venues violates County and state cottage food rules.
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