Yes, selling homemade food in California is legal under specific conditions, primarily through the California Homemade Food Act (AB 1616), which permits cottage food operations (CFOs). However, compliance with local health department rules and strict labeling requirements is mandatory. The 2026 FDA Food Code alignment may introduce additional federal scrutiny for certain high-risk foods.
Key Regulations for Selling Homemade Food in California
- Permitted Foods: Only low-risk, non-perishable items (e.g., baked goods, jams, granola) are allowed under the cottage food exemption. High-risk foods (e.g., meat, dairy, canned fruits/vegetables) require a commercial kitchen and health permits.
- Registration & Fees: CFOs must register with the California Department of Public Health (CDPH) or local environmental health departments, paying annual fees (typically $100–$200). Los Angeles County, for example, mandates additional zoning compliance for home-based operations.
- Labeling & Sales Restrictions: All products require labels with ingredients, allergens, net weight, business name/address, and the statement “Made in a Home Kitchen” (per SB 1422). Direct-to-consumer sales (e.g., farmers’ markets, online) are permitted, but wholesale distribution is prohibited without a separate permit.
Local jurisdictions may impose stricter rules; San Francisco, for instance, bans certain cottage foods entirely. Violations risk fines, confiscation, or criminal liability under the California Health and Safety Code. Consult county-specific guidelines and the CDPH’s 2024 Cottage Food Operations Manual for updates.