California Cottage Food Laws (2026)
✓ Verified against official sources · Aug 20, 2026California Homemade Food Act (AB 1616, 2012) + AB 1144 (2021, effective 2022); MEHKO: AB 626 (2018)/AB 1325 (2021)
- License
- Tiered (two tracks)
- Annual sales cap
- $88,878–$177,756/yr by tier
- Government fees
- $92–$526
- Training
- RequiredCDPH-approved food processor course
The two paths
| Path | Where you can sell | Sales cap | Inspection | Fee |
|---|---|---|---|---|
| Class A (Registration) | Direct to consumers, Online orders, Shipping within the state, Farmers markets, Fairs & community events | $88,878/yrStatutory base is $75,000 (H&S Code § 113758), adjusted annually for California CPI. The cap effective January 1, 2026 is $88,878 (based on a 3.1% CPI increase for 2024-2025, per official CDPH notice). | No | $92–$231 |
| Class B (Permit + Kitchen Inspection) | Direct to consumers, Through stores & restaurants, Online orders, Shipping within the state, Farmers markets, Fairs & community events | $177,756/yrStatutory base is $150,000 (H&S Code § 113758), adjusted annually for California CPI. The cap effective January 1, 2026 is $177,756 (based on a 3.1% CPI increase for 2024-2025, per official CDPH notice). | Yes | $225–$526 |
What you can and can’t make
Allowed
- Baked goods (no cream/custard fillings)
- Waffle cones & pizzelles
- Candy & chocolate
- Extracts (alcohol base)
- Dried fruit
- Dried vegetables
- Dry tea & roasted coffee
- Dry baking/soup mixes
- Granola & cereal
- Spices & seasoning blends
- Trail mix
- Dry pasta
- Popcorn & caramel corn
- Vegetable chips
- Frostings, icings, fondants & gum paste (no dairy/egg)
- Honey
- Jams & jellies (standard high-acid)
- Fruit butters
- Roasted nuts & nut butters
- Powdered beverage mixes
- Vinegars & mustards
Not allowed
- Meat & jerky
- Fresh dairy products
- Fish & seafood
- Pickles & acidified sauces
- Kombucha & fermented drinks
- Low-acid canned foods
- Cream, custard & meringue fillings
- Raw milk products
- Any food requiring refrigeration (TCS)
Label requirements
Every product label must include:
- Product name
- Business / operation name
- Permit or registration number
- County that issued the permit
- Ingredients, in descending order by weight
- Net weight in both US and metric units
- FDA major allergen declaration
- Home kitchen statement (exact wording below)
Required statement, word for word:
“Made in a Home Kitchen”
Where you can sell
| Online orders | Yes |
|---|---|
| Shipping within the state | Yes |
| Across state lines | No |
| Stores, cafés & other resellers | Class b only only |
| Third-party delivery apps | Yes |
County fees
Fees are set by each county, so they vary. Verified examples:
| County | Tier | Fee | Source |
|---|---|---|---|
| Los Angeles | Class A | $118 | fee schedule |
| San Diego | Class A | $231 | fee schedule |
| Orange | Class A | $225 | fee schedule |
| Los Angeles | Class B | $292 | fee schedule |
| San Diego | Class B | $526 | fee schedule |
| Orange | Class B | $225 | fee schedule |
Hot meals from home (MEHKO)
Beyond shelf-stable cottage foods, California allows home restaurant operations (MEHKOs) in counties that have opted in, with sales capped at $110,442/yr. Participating so far: Los Angeles, San Diego, Riverside, Santa Clara, Alameda, Solano, Sonoma, San Mateo, Santa Cruz, Monterey, San Benito, Fresno, Madera, Kings, Glenn, Inyo, Lake, Santa Barbara, Contra Costa, Amador, Berkeley (city), Long Beach (city).
What it costs to start
- Permit / registration fee$92–$526
- Food safety course (required)CDPH-approved food processor course$10–$30
- Labels, bags & packaging (first batch)$30–$60
- LLC formation (optional)Plus your state's filing fee$39
- Liability insurance (optional)Per month, from FLIP$26
- Likely minimum to start (required items)from $132
Common questions
Do I need a license to sell food from home in California?
It depends on the track you choose. California has 2 paths with different requirements — see the tier table above.
How much can a cottage food business sell per year in California?
$88,878–$177,756/yr by tier. Statutory base is $75,000 (H&S Code § 113758), adjusted annually for California CPI. The cap effective January 1, 2026 is $88,878 (based on a 3.1% CPI increase for 2024-2025, per official CDPH notice).
Can I sell my homemade food online in California?
Yes, online orders are allowed, and you can ship within the state. Sales across state lines are not allowed.
What has to be on a cottage food label in California?
8 required elements, including the exact statement: “Made in a Home Kitchen”. See the labeling section for the full list (Cal. H&S Code § 114365.2).
Who regulates cottage food in California?
CDPH sets standards and maintains the Approved Cottage Food List; registration/permitting is handled by county Environmental Health Departments — CDPH itself does not register or issue permits..
Recent law changes
- 2022-01-01 (AB 1144) — AB 1144 took effect: sales caps now adjust annually for CPI, Class A gained statewide direct sales, Class B gained statewide indirect sales, and registration/permits require annual renewal.
Official sources
This guide was compiled from the following primary sources, last reviewed on Aug 20, 2026:
- agencyCDPH Cottage Food Operations
- statuteCal. H&S Code § 113758 (definitions, Class A/B, and sales caps)
- statuteCal. H&S Code § 114365 (registration/permitting, inspection frequency)
- statuteCal. H&S Code § 114365.2 (labeling, ad disclosure, training)
- approved food listCDPH Approved Cottage Food List (PDF)
- agencyCDPH Cottage Food Labeling Requirements (PDF)
- fee scheduleCDPH Cottage Food Operation Adjusted Gross Annual Sales Limit 2026 (PDF)
- agencyCDPH AB 1144 Fact Sheet (PDF)
- agencyCDPH Microenterprise Home Kitchen Operations (MEHKO)
- fee scheduleCDPH MEHKO Adjusted Gross Annual Sales Limit 2026 (PDF)
- fee scheduleLA County Public Health - Class A Cottage Food Operators
- fee scheduleLA County Public Health - Class B Cottage Food Operators
- fee scheduleSan Diego County DEHQ Approved Fee Schedule (PDF)
- fee scheduleOrange County HCA - Cottage Food Operations (CFO)