Permit to Sell Food from Home in California.

California allows home cooks to prepare and sell meals out of their home. California allows cottage food producers to sell foods that do not require temperature control for safety from a list approved by the Department of Public Health. It is legal to sell homemade food from home after you obtain permit to sell food from home. You must get a permit from the county health department to operate a homemade foods business in California.

California is one of the few states allowing individuals to sell homemade meals, including meals containing meat. This is thanks to the Microenterprise Home Kitchen Operations (MEHKO) law of 2019. However, this law only applies to cities and counties that have opted to pass laws regulating microenterprise kitchens. So, it is not universal. In California jurisdictions where MEKHO has not been enacted, selling home-cooked meals is illegal.

In this article, our Los Angeles business attorney will discuss the following:

What types of homemade foods can I sell from home?

Cottage Food Operations are allowed you to make homemade food to sell from home if it is non-potentially hazardous food. These homemade foods you make and sell from home must now not support the rapid growth of toxins or microorganisms that could make people sick when the food is held outside temperature control. The categories of homemade food to sell from home are:

• Dried, dehydrated, and freeze-dried foods.
• Candy and confections
• Vinegars and mustards
• Powdered drink mixes made from manufactured ingredients
• Fruit butters, jams, jellies
• Oney and sorghum syrups
• Baked goods without cream, custard, or meat fillings.
• Dried, dehydrated, and freeze-dried foods
• Nuts, nut mixes, and nut butters.
• Extracts containing at least 70 proof or 35% food-grade for
• Human consumption ethanol/alcohol.
• Frostings, icings, fondants, and gum pastes that do not
• Contain eggs , cream, or cream cheese.

How do I get permit to sell food from home?

Yo may sell homemade food and sell it after getting the food permits required by Cottage Food Operations law. There are two different classes of Cottage Foods Operations permits:

Class A:

Class A permit can sell homemade prepared foods directly to the public. This includes selling food from home that are sold over the internet, or telephone. A direct sale may be fulfilled in person, via mail delivery, or using any other third-party delivery service. A Class A permit to sell food from home have a maximum gross annual sales are $75,000.

Class B:

Class B permit can homemade foods directly to the public or indirectly through restaurants and food markets. A direct sale or indirect sale may be fulfilled in person, internet, or third parties. Under Class B permit, you may sell food from home but cannot gross more than   $150,000.

To qualify for a permit to sell food from home, you must meet the following requirements:

• Registering or obtaining a permit from your local Environmental Health Department.
• Preparing and packing foods from the Approved Foods List
• Completing a Cottage Food Operator Training within three months of registration/permitting
• Implementing sanitary operations
• Labels compliant with state and federal requirements
• Operating within the established gross annual sales limits

Do you need a permit to sell food on the street in California?

In order to operate in California, both cottage food producers and microenterprise home kitchens need to get a permit from their county department of health. To receive this permit, they will first need to do a food processor course that has been approved by the California Department of Public Health. In order to receive a Class A permit, cottage food producers have to perform a self-certification checklist. It is not required to have a home inspection. This is only necessary in the event of a customer complaint or there is an investigation into a food-borne illness. Fees for permits are dependent on the county, but most range between $100 to $150 per year.

In order to receive a Class B permit, Californian cottage food producers need to pass an annual physical inspection. Again, permit fees vary by county, but typically cost between $150 to $250 per year. Separate documentation is required for those who use their own water supplies or septic systems. Smoking is not allowed in the kitchens, and pets are also prohibited from being in the kitchens. In California, cottage food producers and microenterprise home kitchens can only employ one non-family employee.