California Health & Safety Code §113758 (AB 1616) authorizes Cottage Food Operations (CFOs) in private homes statewide. Local zoning may impose only reasonable standards and may not prohibit CFOs in residential zones. Class A and Class B registrations are issued by Sutter County Environmental Health.
The California Homemade Food Act (AB 1616, codified at Cal. Health & Safety Code §§113758 and 114365) authorizes a Cottage Food Operation (CFO) to produce non-potentially hazardous foods (baked goods, jams, granola, candies, dried items, etc.) in the operator's private home kitchen for direct or indirect sale to consumers. Under §113758, Class A CFOs (direct sales only — farmers markets, in-person, online direct) require registration with the local environmental health agency; Class B CFOs (indirect sales through retail) require an annual permit and inspection. Statewide gross-sales caps apply under §114365 (currently $150,000/year as adjusted). Operations are limited to one full-time-equivalent CFO employee (excluding family/household members). Health & Safety Code §113758(b) provides that a Cottage Food Operation is deemed a permitted residential use and 'a local agency shall not prohibit a cottage food operation in a residential dwelling' — local agencies may only impose reasonable spacing, concentration, and sanitation standards. In Yuba City, this means a CFO is permissible in any residential zone notwithstanding the home-occupation limitations of YCMC §8-5.5002(b), so long as the operator registers/permits with Sutter County Environmental Health. A Yuba City business license is still required.
Operating a CFO without registration (Class A) or permit (Class B) is a violation of Cal. Health & Safety Code §113758. Sutter County Environmental Health may issue cease-and-desist orders and revoke or deny registration. Selling potentially hazardous foods or exceeding the statewide gross-sales cap converts the activity into an unpermitted food facility, exposing the operator to misdemeanor charges under §114395 (up to $1,000 fine and/or 6 months jail).
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