California Cottage Food Operations Law Preempts Cities

Health and Safety Code 113758 establishes Class A and Class B cottage food operations that produce specified non-potentially-hazardous foods in private home kitchens. Section 114365 expressly bars local agencies from prohibiting cottage food operations and limits local authority to reasonable spacing or non-discriminatory standards. Class A operations require only registration with the local environmental health department; Class B operations require an inspection. Microenterprise Home Kitchen Operations under AB 626 expand permitted activity in opt-in counties under Health and Safety Code 114367.

Operating without registration is a misdemeanor punishable by fines up to $1,000 per violation under the California Retail Food Code. Local agencies that ban cottage food face injunctive relief under Health and Safety Code 114365.