Westminster, CA Home Business: Cottage Food Operations (2026)

Cottage food operations — home kitchens making approved low-risk foods for sale — are largely controlled by California state law, which limits what Westminster can require. Under the California Homemade Food Act (Assembly Bill 1616), a city or county may not prohibit a cottage food operation, as defined in Health and Safety Code section 113758, in any residential dwelling. Instead, the City must classify a cottage food operation as a permitted use of residential property for zoning purposes or grant a nondiscretionary permit. Westminster's home-based business provisions reference cottage food operations and microenterprise home kitchen operations, reflecting this state framework. The City may still impose reasonable, limited conditions — such as restrictions on traffic, parking, signage, and hours — and may require compliance with the local noise ordinance (Westminster Municipal Code section 8.28.040 sets the City's exterior noise standards), but it cannot use zoning to ban the activity. Practically, a Westminster cottage food operator typically needs the local home-based business zoning clearance and business license on the City side, while the food-safety permit or registration is issued by the Orange County Health Care Agency (environmental health), which inspects or registers the kitchen under state cottage food rules. Class A operations are generally registered and Class B operations require a permit and inspection under state law. Because the food-safety side is a county/state function and the zoning side is a protected residential use, operators should coordinate with both the City Planning Division (714) 548-3247 and Orange County environmental health.