CA Health & Safety Code § 114365 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 104 - ENVIRONMENTAL HEALTH|PART 7 - CALIFORNIA RETAIL FOOD CODE|CHAPTER 11.5 - Cottage Food Operations|Section 114365.

114365.  (a) (1) (A) A “Class A” cottage food operation shall not be open for business unless it is registered with the local enforcement agency and has submitted a completed, self-certification checklist approved by the local enforcement agency. The self-certification checklist shall verify that the cottage food operation conforms to this chapter, including the following requirements:(i) No cottage food preparation, packaging, or handling may occur in the home kitchen concurrent with any other domestic activities, such as family meal preparation, dishwashing, clothes washing or ironing, kitchen cleaning, or guest entertainment.(ii) No infants, small children, or pets may be in the home kitchen during the preparation, packaging, or handling of cottage food products.(iii) Kitchen equipment and utensils used to produce cottage food products shall be clean and maintained in a good state of repair.(iv) All food contact surfaces, equipment, and utensils used for the preparation, packaging, or handling of cottage food products shall be washed, rinsed, and sanitized before each use.(v) All food preparation and food and equipment storage areas shall be maintained free of rodents and insects.(vi) Smoking shall be prohibited in the portion of a private home used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, while cottage food products are being prepared, packaged, stored, or handled.(B) (i) The department shall post the requirements described in subparagraph (A) on its internet website.(ii) The local enforcement agency shall issue a registration number to a “Class A” cottage food operation that meets the requirements of subparagraph (A).(C) (i) Except as provided in clause (ii), a “Class A” cottage food operation shall not be subject to initial or routine inspections.(ii) For purposes of determining compliance with this chapter, a representative of a local enforcement agency may access, for inspection purposes, the registered area of a private home where a cottage food operation is located only 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 this chapter.(iii) Access under this subparagraph is limited to the registered area and solely for the purpose of enforcing or administering this chapter.(iv) A local enforcement agency may seek recovery from a “Class A” cottage food operation of an amount that does not exceed the local enforcement agency’s reasonable costs of inspecting the “Class A” cottage food operation for compliance with this chapter, if the “Class A” cottage food operation is found to be in violation of this chapter.(D) A “Class A” cottage food operation shall be authorized to engage in the direct sales of cottage food products throughout the state.(2) (A) A “Class B” cottage food operation shall not be open for business unless it obtains a permit from the local enforcement agency in a manner approved by the local enforcement agency to engage in the direct and indirect sale of cottage food products.(B) (i) A “Class B” cottage food operation shall comply with the requirements described in clauses (i) to (vi), inclusive, of subparagraph (A) of paragraph (1) in addition to the other requirements of this chapter.(ii) The local enforcement agency shall issue a permit number after an initial inspection has determined that the proposed “Class B” cottage food operation and its method of operation conform to this chapter.(C) (i) Except as provided in clause (ii), a “Class B” cottage food operation shall not be subject to more than one inspection per year by the local enforcement agency.(ii) For purposes of determining compliance with this chapter, a representative of a local enforcement agency, for inspection purposes, may access the permitted area of a private home where a cottage food operation is located only 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 this chapter.(iii) Access under this subparagraph is limited to the permitted area and solely for the purpose of enforcing or administering this chapter.(D) A “Class B” cottage food operation shall be authorized to engage in the direct and indirect sales of cottage food products throughout the state.(b) (1) A registration or permit, once issued, is nontransferable. A registration or permit shall be valid only for the person, location, type of food sales, and distribution activity specified by that registration or permit, and, unless suspended or revoked for cause, for the time period indicated.(2) The registration or permit or an accurate copy thereof shall be retained by the operator onsite at the time of either direct or indirect cottage food sale.(3) A registration or permit shall be renewed annually.(4) A registration or permit from one county shall be sufficient for a cottage food operation to operate throughout the state.(Amended by Stats. 2021, Ch. 178, Sec. 2. (AB 1144) Effective January 1, 2022.)