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  1. Vendor Guides
  2. California Cottage Food

California Cottage Food Laws (2026): Selling Homemade Food Legally

This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-11

Quick answer

Law / program
California Homemade Food Act (Cottage Food Operations, Health and Safety Code 113758 and 114365, updated by AB 1144)
Regulated by
CDPH Food and Drug Branch (rules) with county Environmental Health Departments (registration and permits)
Annual sales cap
$88,878 (Class A) and $177,756 (Class B) for 2026; the statutory $75,000/$150,000 caps adjust annually for inflation
Official details
State cottage food page

Do you need a license to sell homemade food in California?

Yes, two tiers through your county Environmental Health Department: Class A (direct sales only, self-certification, no routine home inspection) and Class B (adds indirect sales through restaurants and shops, requires an initial county inspection). Both renew annually, and one county's registration is valid statewide. Fees vary widely by county; San Diego County charges $231 initial/$92 renewal for Class A and $526/$361 for Class B.

Yes: a CDPH-approved food processor course within three months of registering, retaken every three years.

What foods are allowed

Only categories on the CDPH Approved Cottage Foods List: baked goods without cream, custard, or meat fillings; candy and confections; dried and freeze-dried foods; eggless frostings and fondants; honey; compliant fruit jams and jellies; roasted nuts and nut butters; powdered drink bases; vinegars and plain mustards.

Anything not on the approved list, especially refrigerated foods: no cheesecake, pumpkin pie, vegetable jams, canned or pickled vegetables, fermented foods, salsas, juices, jerky, or dairy.

Where you can sell and how much

Direct sales statewide for both classes: farmers markets, bazaars, temporary events, and from home, with orders by phone or internet fulfilled in person, by mail delivery, or by third-party delivery, but only within California. Class B adds indirect sales through permitted retailers like restaurants and food markets. No out-of-state shipping.

Annual sales cap: $88,878 (Class A) and $177,756 (Class B) for 2026; the statutory $75,000/$150,000 caps adjust annually for inflation.

Labeling requirements

Labels need 'Made in a Home Kitchen' in 12-point type, the product's common name, your operation's name, city, and zip, the registration or permit number and issuing county, ingredients by weight, net quantity in English and metric, and plain-language allergen declarations.

Sales tax and local rules

California generally exempts food products, so cold baked goods, candy, and jams sold to go are usually not taxable. Hot prepared food, on-site consumption with seating, and all sales at events that charge admission ARE taxable, so many vendors carry a CDTFA seller's permit anyway.

Counties administer the program, and state law (Government Code 51035) bars cities and counties from prohibiting cottage food operations in residential homes; they can only impose reasonable traffic and noise standards. Check your city for business license or home occupation requirements.

Violations are misdemeanors with fines of $25 to $1,000 and possible registration suspension; counties can inspect a Class A kitchen on consumer complaint.

Selling non-food crafts too? See the California craft fair permit and sales tax guide.

California cottage food FAQ

Can I sell homemade food in California?

Yes, under California Homemade Food Act (Cottage Food Operations, Health and Safety Code 113758 and 114365, updated by AB 1144). Yes, two tiers through your county Environmental Health Department: Class A (direct sales only, self-certification, no routine home inspection) and Class B (adds indirect sales through restaurants and shops, requires an initial county inspection). Both renew annually, and one county's registration is valid statewide. Fees vary widely by county; San Diego County charges $231 initial/$92 renewal for Class A and $526/$361 for Class B.

What foods can I sell under California's cottage food law?

Only categories on the CDPH Approved Cottage Foods List: baked goods without cream, custard, or meat fillings; candy and confections; dried and freeze-dried foods; eggless frostings and fondants; honey; compliant fruit jams and jellies; roasted nuts and nut butters; powdered drink bases; vinegars and plain mustards. Anything not on the approved list, especially refrigerated foods: no cheesecake, pumpkin pie, vegetable jams, canned or pickled vegetables, fermented foods, salsas, juices, jerky, or dairy.

Is there a sales limit for cottage food in California?

Yes: $88,878 (Class A) and $177,756 (Class B) for 2026; the statutory $75,000/$150,000 caps adjust annually for inflation.

Where can I sell cottage food in California?

Direct sales statewide for both classes: farmers markets, bazaars, temporary events, and from home, with orders by phone or internet fulfilled in person, by mail delivery, or by third-party delivery, but only within California. Class B adds indirect sales through permitted retailers like restaurants and food markets. No out-of-state shipping.

What has to be on my label in California?

Labels need 'Made in a Home Kitchen' in 12-point type, the product's common name, your operation's name, city, and zip, the registration or permit number and issuing county, ingredients by weight, net quantity in English and metric, and plain-language allergen declarations.

Do I charge sales tax on cottage food in California?

California generally exempts food products, so cold baked goods, candy, and jams sold to go are usually not taxable. Hot prepared food, on-site consumption with seating, and all sales at events that charge admission ARE taxable, so many vendors carry a CDTFA seller's permit anyway.

Find places to sell in California

Browse upcoming craft fairs and markets in California with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.

Official sources

  • CDPH Cottage Food Operations Program
  • CDPH Approved Cottage Foods List
  • CDPH CFO Adjusted Gross Annual Sales Limit 2026
  • Health and Safety Code 113758
  • Government Code 51035, Local Preemption

Last verified: 2026-06-11. Spotted something out of date? Let us know.

Cottage food laws in other states

FloridaGeorgiaMichiganNew YorkOhioPennsylvaniaTexas