1. Are there limitations on the size of cottage food operation (CFO) sales?
Class A:
This type of cottage food operation (CFO) can sell home-kitchen prepared foods directly to the public. This includes transactions made via the phone, internet, and any other digital method. A direct sale may be fulfilled in person, via mail delivery, or using any other third-party delivery service. A Class A operator's current maximum gross annual sales are $75,000.
Class B:
This type of CFO can sell home-kitchen prepared foods directly to the public or indirectly through restaurants and food markets. A direct sale may be fulfilled in person, via mail delivery, or using any other third-party delivery service. An indirect sale may be fulfilled in person, via mail delivery, or third-party delivery service. The current gross annual sales for a Class B operator are $150,000.
2. Can a CFO have employees?
A CFO can have one full-time equivalent employee (not counting family members or household members).
3. What cottage foods are CFOs permitted to produce?
Only specific foods that are defined as “non-potentially hazardous” are approved for preparation by CFOs. These are foods that do not require refrigeration to keep them safe from bacterial growth that could make people sick.
CDPH established and maintains a list of approved cottage food categories on their website.
3. What are limitations on advertising of CFO products?
It is unlawful for any person to disseminate any false advertising of any food. An advertisement is false if it is false or misleading in any particular. A cottage food product that is found to be falsely advertised would be subject to enforcement action.
4. Do I need any special training or certification to make cottage foods?
A person who prepares or packages cottage food products must complete a food processor course approved by CDPH within three months of being registered or permitted and every three years during operation.
5. How much will the permit or registration cost the CFO?
For the CFO permit or registration fee, please refer to the current fee schedule.
6. Will my CFO registration/permit allow me to sell at other retail venues?
There may be health permits required to sell at other locations, such as Certified Farmers’ Markets, Swap Meets or community events. Please check with your local environmental health department for additional permit requirements.
7. How often will a CFO be inspected?
“Class A” CFO kitchens and food storage areas (referenced in the law as the “registered or permitted area”) are not subject to initial or routine inspections. “Class B” CFO kitchens and food storage areas are inspected initially prior to permit issuance and not more than once per year. “Class A or B” (complaint inspections) - The local environmental health agency may access, for inspection purposes, the registered or permitted area where a cottage food operation is located if the representative has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation or that the cottage food operation has violated California food safety laws.
8. What are CFO operational requirements? All CFOs must comply with the following:
-
No domestic activity in kitchen during cottage food preparation
-
No infants, small children, or pets in kitchen during cottage food preparation
-
Kitchen equipment and utensils kept clean and in good repair
-
All food contact surfaces and utensils washed, rinsed, and sanitized before each use
-
All food preparation and storage areas free of rodents and insects
-
No smoking in kitchen area during preparation or processing of cottage food A person with a contagious illness shall refrain from preparing or packaging cottage food products
-
Proper hand-washing shall be completed prior to any food preparation or packaging
-
Water used in the preparation of cottage food products must be potable
-
Cottage food preparation activities include:
-
Washing, rinsing, and sanitizing of any equipment used in food preparation
-
Washing and sanitizing hands and arms
-
Water used as an ingredient of cottage food
9. Why can’t I make salsa?
For a food to be nonhazardous, the pH of the product must fall below 4.6. The majority of the ingredients in salsa have a pH well above this level. Even tomatoes vary in pH with a range of 4.3-4.9. Because the pH is inconsistent, cut tomatoes and mixtures of cut tomatoes are considered potentially hazardous foods. Also, canning or bottling of salsa may result in the toxin formation of Clostridium botulinum, which can be deadly. As a result, salsa is not an approved cottage food.
10. Why can’t I make pickles, hot sauce, or other canned foods?
When dealing with a low-acid or acidified food, there is the risk of Botulism. When canning these foods, the process creates an environment with less oxygen. This reduced oxygen level is the perfect condition for Clostridium botulinum, the bacteria responsible for botulism, to overgrow. Many home canners are safe when producing these foods; however, not everyone is. A simple mistake could create a lifetime of health issues and even death for a consumer. The process to render these food items safe is not approved in the CFO program. This risk is what prevents these products from being approved cottage foods.
11. Why can’t I make sweet potato or pumpkin pie?
Custard pies contain potentially hazardous foods like milk and eggs. The finished product has a level of moisture associated with the potential for bacteria growth. The high-water content prevents these pies from addition to the approved list.
12. Can I use eggs in my cookies?
Eggs are allowed in baked goods as long as the product is dry once baked and does not require refrigeration. For example, eggs added to a cookie recipe are OK, but eggs added to a custard are not. Eggs added to a cake mix are allowed, but eggs added to a lemon curd are not.
13. Can I operate a microenterprise home kitchen operation (MEHKO) and CFO from my private residence?
No. You can only operate one of the businesses from your private residence.