Direct sales of cottage food products can happen anywhere in California. If you are purchasing your ingredients from a normal grocery store, a wholesale distributor that regularly provides foods to restaurants or grocery stores, or any farm selling at a certified farmers’ market, then these are all widely accepted as "approved sources."

A produce stand that only offers whole, uncut fresh fruits and vegetables; 4. Baked goods, without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas. At a collective level, figuring out what you need to do to operate a food truck has become easier over the past five years. Food Facilities on State Properties– A permit will not be issued for a food facility owned by the State and operated by State employees. The law directs the California Department of Public Health (CDPH) to create a special food safety training course for cottage food operations, but they have not done so yet.

Inspection frequency will be based on food service and risk Your chocolate covered almonds package should have an ingredient list that looks like this: “Ingredients: chocolate (cocoa beans, sugar, cocoa butter), almonds.”. The California Retail Food Facilities Law governs health standards for all food sales. Additionally, this FAQ is not in any way legal advice. In this case, since you are using almonds, which are a common allergen, you need to have a separate statement notifying the consumer that the product contains almonds. Do I need both a Class A and Class B permit? You must list all the ingredients on your label, including ingredients of ingredients. Cottage Food Operations Assembly Bill (AB) 1616 authored by Assemblyman Gatto, Chapter 415, Statutes of 2012, was signed into law by Governor Brown on September 21, 2012; effective January 1, …

You need to get a Class B permit in order to sell indirectly to consumers such as by selling your food to a store, restaurant, café or any other business that will sell the product. Furthermore, this page does not address everything you need to know about the California Homemade Food Act, but rather provides brief answers to a list of frequently asked questions. Yes, but only in California (for direct to consumer sales). Foods that are perishable, such as cheesecakes, or custard fillings, or meringue pies, are not covered in the law.

My local environmental health department says I need to source all of my ingredients from “approved sources.” What does that mean? Laguna Honda Hospital & Rehabilitation Center, Zuckerberg San Francisco General Hospital and Trauma Center, Communicable Disease Control & Prevention, Rebuild Zuckerberg San Francisco General Hospital and Trauma Center, Administration, Programs, Policy & Planning, CPMC Compliance Statement and Healthcare Compliance Report, Health Care Services Master Plan Task Force, Law Enforcement Assisted Diversion San Francisco (LEAD SF), Sugary Drinks Distributor Tax Advisory Committee, CBO Annual Compliance and Privacy Training, ELM Compliance and Privacy Training instructions, User Agreement for Confidentiality, Data Security and Electronic Signature, Program on Health, Equity and Sustainability, California Retail Food Code Section 113789(c), apply for a permit waiver for your non-profit event. You can learn more about California pet food laws at these links: Can I make X, Y, Z foods that are not on the list? Do I have to take food handler’s training if I operate under the new cottage food law? There will only be one food booth at a Community Event. Inquiries or complaints about these food facilities need to be directed to the appropriate federal agency. What food trailer permits will you need? Cottage food operators do not need to follow those guidelines unless they are obtaining fresh fruits, vegetables or eggs from a backyard or community garden, or directly from some other local farm. The information below is information only, not legal advice.

There’s no precise legal definition but the US Food and Drug Administration has issued some guidance. Chocolate-covered nonperishable foods, such as nuts and dried fruits.

This is why the Class B permit is more expensive. To sell foods that require refrigeration, you use a licensed commercial kitchen and take a food handler’s training class. Operators must present proof of veteran status and write a letter to the EHS Director requesting exemption from license fees. Fruit pies, fruit empanadas, and fruit tamales. Unfortunately, the law is vague about what exactly makes a food source "approved" and this is a rapidly changing area of law in California, especially for fresh produce coming from backyard gardens, community gardens, and small urban farms. This is because the Homemade Food Act falls under state laws designed for human food. If you plan to operate in a larger city like a Boston or San Diego then all the legal information you need to start a food truck is probably already published online. Only low-risk food products that are non- potentially hazardous are allowed to be sold by a CFO. The rest of the questions below pertain more directly to "cottage food producers" who make processed foods in a home kitchen. See “What kinds of food can I sell from my Cottage Food Operation?” above. Cottage food operations may not exceed the gross annual sales amounts specified in California Health and Safety Code Section 113758(a). Vendors who sell in one location less than 10 minutes at a time do not need a zoning permit. Buttercream frosting, buttercream icing, buttercream fondant, and gum paste that do not contain eggs, cream, or cream cheese. Only indirect sales can be limited to within your county and to other counties that specifically chose to allow the indirect sale of cottage food products from other counties. This includes sales at a farmers’ market, at roadside stands, at festivals and other events, from your home or anywhere where you or your employee are selling the food product directly to consumers. I have to provide any/all of the following information in order to get my registration or permit approved: Is the environmental health department allowed to require this level of detailed information for applicants for Class A or Class B permits for cottage food operations? Fax: (302) 424-4160. foodbank@fbd.orgEIN: 51-0258984The Food Bank of Delaware is recognized by the IRS as a 501(c)3 nonprofit. In other words, you need a Class B permit if you will have any wholesale accounts. Let’s also say that you have determined that the weight of the chocolate in each package of chocolate covered almonds will be greater than the weight of the almonds. baked goods, noodles, processed fresh vegetables, seafood, snack foods, dietary supplements, etc.) If you want to hire an employee, you need to know the rules about that, too. F.A.S.T. Cottage Food Operations (PDF) Cottage Food Approved Food List (PDF) Registration and Permit Requirements (PDF) **CDPH is in the process of reviewing and updating the Cottage Food Operator -Frequently Asked Questions document.

A kitchen in a private home such as a small family day-care provider; or a bed-and-breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 6, breakfast is the only meal offered, the number of guests served does not exceed 18, and the consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Division of Public Health; or. How do I deal with that on my label? Food Operations not defined as Food Facilities– A permit will not be issued if the food facility is not defined as a Food Facility in the California Retail Food Code Section 113789(c). For example, you must know which foods you are allowed to prepare in your home kitchen, choose a business structure, apply for permits and licenses, learn about food safety, and obtain insurance. An area where food that is prepared as specified immediately above is sold or offered for human consumption; 6. Food preparation and service facilities used for nutrition projects for elderly individuals– A non-fee permit may be granted to facilities funded through the San Francisco Commission on Aging for nutrition projects for elderly individuals, per San Francisco Business Code. This section shall not apply to a cottage food operation that is registered or has a permit pursuant to Section 114365.

If you obtain a more expensive Class B license, which involves an annual inspection of your kitchen, you can also sell your products to grocery stores, restaurants and shops that are within the same county where you process your foods (and possibly other counties if their health departments explicitly allow indirect sales of cottage food products from other counties). Yes, but they cannot be in the kitchen while you are preparing cottage food products. Visit California Department of Public Health for more information on Cottage Food Operations. What kinds of food can I sell from home in my Cottage Food Operation? The request should include the name of the product as well as a brief description of the ingredients and the processing method.

Note that in order to sell food or anything in most places there are other city or county laws that may require you to have a permit.

Make a smart choice (Unpermitted Vending). Note: these laws apply to producers of raw, unprocessed fruits, vegetables, and eggs primarily. It depends on whether you will conduct direct or indirect sales for the most part. This applies to ice-cream and hot-dog trucks and similar businesses. Tel: (302) 292-1305 Aside from these types of situations, cottage food operations generally will not need to charge sales tax because non-potentially hazardous foods are typically taken away from the point of sale and consumed elsewhere.



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