Cottage food laws/California
Permissive

California cottage food laws

Two-tier Class A and Class B program with CPI-indexed caps, plus a separate MEHKO path that some counties have opted into.

California has two registration tiers under the Cottage Food Operation (CFO) program. Class A is a registration with the county environmental health department for direct sales; Class B requires a permit and inspection for direct plus indirect sales (through retailers). Both caps are CPI-indexed and rise every year. Class A was $86,206 and Class B was $172,411 for 2025; CDPH publishes the 2026 figures each January and operators should pull the current dollar amount from the CDPH page. MEHKO (microenterprise home kitchen operation) is a separate program for hot, prepared meals and is only available in counties that have opted in.

Last verified May 2, 2026•California Cottage Food Operation (Class A and Class B, AB 1616 and AB 1144); Microenterprise Home Kitchen Operation (MEHKO, AB 626) is separate
At a glance

California cottage food, quick facts.

📋
Permit
Class A: county registration. Class B: county permit and annual inspection.
💰
Sales cap
CPI-indexed. Class A $86,206 and Class B $172,411 for 2025; pull the 2026 number from CDPH.
🌐
Online sales
Allowed for California buyers on both classes
📦
Shipping in-state
Allowed. USPS, UPS, FedEx, or third-party delivery inside California for direct sales.
✈️
Shipping out-of-state
Not allowed
🎓
Training
California Food Handler Card recommended (and required for Class B operators in many counties); ServSafe or equivalent
🏠
Inspection
Class A: not required. Class B: annual home-kitchen inspection.
How it works

How the California cottage food law actually works.

California's Cottage Food Operation (CFO) program was created by AB 1616 in 2012 and expanded by AB 1144 in 2021. CFOs make non-time-temperature-control-for-safety (non-TCS) foods at home. Registration and permitting happen at the county level through the local environmental health department, but the program rules and the approved foods list are set statewide by CDPH.

Class A operations register with the county for direct sales only (in-person, online with in-state delivery, mail, or third-party in-state delivery directly to the consumer). Class B operations get a county permit and an annual inspection in exchange for the right to sell directly and indirectly through California retailers like coffee shops, markets, and other permitted food facilities. AB 1144 in 2021 expanded indirect sales and clarified online and third-party delivery channels.

Both caps are CPI-indexed. The base cap is $75,000 for Class A and $150,000 for Class B; CDPH adjusts both each January using the California Consumer Price Index. For 2025 the adjusted figures were $86,206 (Class A) and $172,411 (Class B). The 2026 numbers rise from there; operators should always pull the current dollar amount directly from the CDPH page before relying on it.

California also has a separate Microenterprise Home Kitchen Operation (MEHKO) program created by AB 626 in 2018. MEHKO permits hot, prepared meals from a home kitchen, with a 30-meal-per-day and 60-meal-per-week cap, and is only available in counties that have opted in. Counties with MEHKO programs include Riverside, San Mateo, Santa Clara, Lake, Sierra, Solano, Alameda (limited), Los Angeles, Santa Cruz, Contra Costa, and a growing list. MEHKO is not a CFO; if you want to sell home-prepared meals, you need a MEHKO permit, not a Class A or Class B registration.

All cottage food sales (Class A or B) must end with a California consumer. Out-of-state shipping is not allowed. CFOs may use mail or third-party delivery within California for direct sales.

What you can sell

Allowed and prohibited foods.

✓Allowed
  • Cookies, brownies, biscotti, bars
  • Cakes and cupcakes (frostings that do not require refrigeration, e.g. American buttercream)
  • Breads, rolls, pastries, scones, muffins, tortillas
  • Fruit pies and fruit-filled pastries (non-TCS)
  • Candies, fudge, caramels, chocolates, brittle, truffles
  • Jams, jellies, fruit butters, fruit preserves
  • Honey
  • Roasted coffee beans, dry teas, dried herbs and spice blends
  • Granola, cereal, popcorn, snack mixes
  • Dehydrated fruits and vegetables
  • Dry baking mixes and dry pasta
  • Fondant and shelf-stable icings
✕Prohibited
  • Cream pies, custard pies, meringue pies
  • Cream cheese frostings and cheesecakes
  • Refrigerated cakes (tres leches, mousse cakes)
  • Meat, fish, shellfish products
  • Dairy products other than what is baked into goods
  • Beverages requiring refrigeration
  • Low-acid canned goods (canned vegetables, canned meats)
  • Acidified canned goods that fall outside the approved cottage list

Use the CDPH Approved Cottage Food List as the authoritative reference. Anything not on the list is not allowed under CFO. Hot, prepared meals are MEHKO territory, not CFO.

Where you can sell

Sales channels for California cottage bakers.

🤝
In-person / pickup
Allowed in California. Home pickup, delivery, farmers markets, fairs, festivals.
🌐
Online sales
Allowed for California buyers. Direct sales can be by website, email, social media, or phone.
📦
Shipping in-state
Allowed for direct sales. USPS, UPS, FedEx, or third-party in-state delivery inside California.
✈️
Shipping out-of-state
Not allowed. Out-of-state sales fall under federal interstate commerce.
🥕
Farmers markets
Allowed. Most California markets accept Class A and Class B operators.
🏪
Retail stores
Allowed only for Class B operators. Retailers must be permitted California food facilities.
🍽️
Restaurants
Allowed only for Class B operators selling cottage products to a permitted California food facility for direct resale to the end consumer.
  • Class A is direct-to-consumer only. Class B adds indirect sales through California retailers.
  • Out-of-state customers can never receive cottage food shipments. Plan around it.
  • MEHKO operators sell prepared meals on a different rule set; check your county's MEHKO ordinance.
Labels

Label every product, exactly like this.

01
Product name
Common name of the food, e.g. "Sourdough Loaf" or "Lemon Cookies".
02
Operation name, city, and ZIP
Plus the street address if your address is not in a phone directory.
03
All ingredients in descending order by weight
Include sub-ingredients (e.g. chocolate chips listing sugar, cocoa, milk, soy lecithin).
04
Net weight or net volume
Customary (oz/lb) and metric (g) units.
05
Allergen statement
Identify the major allergens: milk, egg, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame.
06
CFO registration or permit number
Class A registration number or Class B permit number issued by your county.
07
County of the local enforcement agency
Required for Class B operators; recommended on every CFO label.
08
Required home-kitchen statement
Exact wording is below. Must appear in 12-point type or larger.
Required disclaimer (copy verbatim)
Made in a Home Kitchen.
  • The home-kitchen statement "Made in a Home Kitchen" must appear in at least 12-point type on the principal display panel of every package.
  • Class B labels add the name of the county that issued the permit.
  • Labels must be in English. Other languages may be added.
  • When selling unpackaged items at a market, the same information must appear on a clearly visible placard at the point of sale.
Sales cap

How much can you earn under California cottage law?

CFO caps are CPI-indexed and reset every January. The base statutory caps are $75,000 (Class A) and $150,000 (Class B). For 2025 CDPH published $86,206 (Class A) and $172,411 (Class B). The 2026 figures rise from there; operators should pull the current dollar amount directly from the CDPH cottage food operations page. Gross sales include product price plus any shipping you charge. Sales tax collected does not count toward the cap. Crossing the cap means moving to a commercial kitchen and a retail food facility permit.

Training

Food safety training in California

Class A operators are not required by state law to hold a California Food Handler Card, although many counties expect one. Class B operators are required to complete a Food Processor Course (often satisfied with the SafePoint or ServSafe equivalent) within three months of registration. Most online food handler courses are about $7 to $15 and take 60 to 90 minutes. The card is valid for three years.

California Food Handler Card (StateFoodSafety)
ANSI-accredited California Food Handler Card. Common low-cost option used by Class A operators.
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ServSafe Food Handler
Recognized California Food Handler Card option.
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eFoodHandlers California
ANSI-accredited California course used in many counties.
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Class B Food Processor Course (UC Davis Extension)
Class B operators often complete a Food Processor Course like UC Davis or another approved provider.
→
Registration

Registration, permits, and inspections in California

Both classes register with the county environmental health department, not with CDPH directly. Class A: complete the Self-Certification Checklist and submit it with the registration fee (varies by county, often $100 to $200). Class B: submit a permit application and pay the permit fee (often $200 to $700), then schedule a home-kitchen inspection. CDPH maintains the master rules and the approved foods list; counties enforce. Most counties post the application on their environmental health website.

Step-by-step

How to start a cottage bakery in California.

  1. 01
    Confirm your products are on the CDPH Approved Cottage Food List
    Use the official CDPH list. Anything not on the list is not eligible for CFO. Hot prepared meals are MEHKO, not CFO.
    CDPH Approved Cottage Food List (PDF) →
  2. 02
    Pick Class A or Class B
    Class A is direct-to-consumer only and uses a Self-Certification Checklist. Class B adds indirect sales through retailers, requires an inspection, and has a higher fee. Most cake-and-cookie operators start with Class A.
    CDPH CFO Requirements →
  3. 03
    Register or apply with your county environmental health department
    Each county runs its own application. Pay the fee, submit the paperwork, and schedule any required inspection (Class B only).
  4. 04
    Take the required food safety training
    Class A operators usually take a California Food Handler Card. Class B operators must complete a Food Processor Course within three months of registration.
  5. 05
    Build your label template
    Include all required elements plus "Made in a Home Kitchen" in 12-point type. Class B labels add the county name. Save a reusable template.
  6. 06
    Track gross sales toward the CPI-indexed cap
    Pull the 2026 cap from the CDPH page each January. Earnings above the cap require a commercial kitchen and retail food facility permit.
  7. 07
    Set up your storefront and sales channels
    Cakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add menu, pricing, and pickup or delivery zones for your county.
    Create a free Cakery page →
Worth knowing

A few things California bakers should know.

  • MEHKO (microenterprise home kitchen operation) is a separate program for hot, prepared meals. It is only available in counties that have opted in. CFO and MEHKO are different programs with different rules.
  • CFO caps are CPI-indexed and reset each January. Always pull the current year's number directly from the CDPH page.
  • Class A and Class B both register with the county, not with CDPH. Each county sets its own fee.
  • Out-of-state shipping is never allowed under CFO. A California consumer is required.
  • California sales tax applies to many cottage products. Bakery items sold for home consumption are sometimes exempt, but candies, single prepared servings, and hot food are usually taxable. Register with the California Department of Tax and Fee Administration (CDTFA).
  • Some California counties (Los Angeles, Santa Cruz, Riverside, San Mateo, Santa Clara, Contra Costa, Lake, Sierra, Solano, Alameda) have opted into MEHKO. Los Angeles is offering a one-time application-fee subsidy for MEHKO permits through June 30, 2026.
Resources

Bookmark these for California baking.

Official agency resources

CDPH: Cottage Food Operation Requirements (Class A vs. B)
Definitions, direct vs. indirect sales, and how to register or get a permit with your county.
→
CDPH: Cottage Food Operations (program hub)
Master CFO page with the latest CPI-adjusted sales caps, label requirements, and approved food list.
→
CDPH: Approved Cottage Food List (PDF)
Authoritative list of CFO-approved foods.
→
CDPH: Cottage Food Labeling Requirements (PDF)
All required label elements, including the 12-point "Made in a Home Kitchen" line.
→
CDPH: 2025 CPI-Adjusted Sales Caps (PDF)
Class A $86,206 and Class B $172,411 for 2025. Pull the 2026 file from CDPH each January.
→
California Department of Tax and Fee Administration (CDTFA)
Register for and remit California sales tax on taxable cottage products.
→

Statute and rules text

California Health and Safety Code §113758, §113789, §114365 (CFO statutes)
→
AB 1616 (2012): California Homemade Food Act, bill text
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AB 1144 (2021): CFO expansion, bill text
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AB 626 (2018): MEHKO authorizing statute
→

Helpful resources for bakers

Forrager: California guide
Plain-English California cottage food guide kept current by an active editor.
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COOK Alliance: MEHKO vs. CFO
Side-by-side comparison from the advocacy group that helped pass MEHKO.
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MEHKO.org: County opt-in tracker
Up-to-date list of California counties that have opted into MEHKO.
→
Los Angeles County: MEHKO program
LA County MEHKO page with the application and the current fee subsidy through June 30, 2026.
→
Institute for Justice: Cottage Food
National cottage food policy tracking; useful context for where California fits.
→
Cakery Pricing Guide for Cottage Bakers
How Cakery handles your storefront, orders, and customer leads.
→
Recent changes

Recent and upcoming changes in California.

  • January 1, 2026CDPH released the 2026 CPI-adjusted CFO sales caps (Class A and Class B). Operators should pull the current dollar amount directly from the CDPH page; the base statutory caps are $75,000 and $150,000, with both rising annually based on the California CPI.
  • January 1, 20252025 CFO caps were published at $86,206 (Class A) and $172,411 (Class B).
  • May 1, 2024Los Angeles County opted into MEHKO. A one-time application-fee subsidy of up to $597 is available through June 30, 2026, for the first 1,000 MEHKO permittees.
FAQ

California cottage food FAQ.

Do California cottage bakers need a permit?
Yes. Class A is a registration with the county environmental health department; Class B is a permit with an annual inspection. Both are county-issued, with statewide rules from CDPH.
What are the 2026 sales caps?
CDPH releases the 2026 CPI-adjusted figures every January. The 2025 numbers were $86,206 (Class A) and $172,411 (Class B), and the 2026 numbers rise from there. Always pull the current dollar amount directly from the CDPH cottage food operations page.
What is the exact label disclaimer?
"Made in a Home Kitchen" in at least 12-point type on the principal display panel. Class B labels also include the name of the county that issued the permit.
Can I sell cream cheese frosting or cheesecake?
No. Anything that requires refrigeration to be safe is TCS and falls outside CFO. The Approved Cottage Food List is the authoritative reference.
Can I ship cottage food?
Inside California: yes. Direct sales can ship via USPS, UPS, FedEx, or third-party delivery anywhere in California. Out of state: no, that crosses into federal interstate commerce.
What is the difference between CFO and MEHKO?
CFO is for shelf-stable, packaged cottage food. MEHKO is for hot, prepared meals served to up to 30 customers per day or 60 per week, and is only available in counties that have opted in. They are separate programs.
How do I become a Class B operator?
Apply with your county for a Class B permit, pay the fee, take a Food Processor Course within three months, and pass an annual home-kitchen inspection. Class B unlocks indirect sales through California retailers in addition to direct sales.
Do I need to collect California sales tax?
Probably yes for many products. Bakery items sold for home consumption are sometimes exempt as grocery food, but candies, hot food, and single prepared servings are usually taxable. Register with CDTFA.
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Last verified May 2, 2026. This page is a plain-English summary of California cottage food laws and is not legal advice. Cottage food rules change, and local health departments often add their own requirements. Always confirm the current rules with the California agency listed in the official resources above before you sell, ship, or label a product.