Selling Food Made at Home? Not Every Dish Qualifies as Cottage Food

What does the program allow?

Cottage Food is a California program that lets people make certain foods in their own home kitchens and sell them. According to the California Department of Public Health (CDPH), only foods that are not potentially hazardous qualify.

CDPH maintains the list of approved foods but does not issue permits or registrations. That is handled by each county’s Environmental Health agency. In Orange County, it is Environmental Health at the OC Health Care Agency.

According to Orange County Environmental Health, foods must meet two conditions: they must be on the state list, and they must be shelf-stable without refrigeration.

What is on the list?

According to the CDPH list updated in October 2026, there are 10 approved categories:

• Baked goods without cream, custard or meat fillings, such as breads, cookies and fruit-only pies.
• Candy and confections.
• Extracts of 70 proof or higher.
• Dried, dehydrated or freeze-dried foods, such as roasted coffee, dried tea and granola.
• Frostings without eggs, cream or cream cheese.
• Pure honey and sorghum syrup.
• Fruit butters, jams and jellies meeting federal standards.
• Roasted nuts and nut butters.
• Powdered drink mixes.
• Vinegars and mustards.

Pumpkin pie is not on the list. Foods that need refrigeration or contain meat or cream fillings also do not qualify. If you are unsure where your product fits, ask the agency before designing a label.

How do Class A and Class B differ?

According to CDPH, Class A operations may sell only directly to consumers. Orders can be taken by phone or online, and food can be handed over in person, mailed or sent through a delivery service.

Class B operations may sell directly and indirectly. Indirect sales mean selling to restaurants, markets or coffee shops that resell the food to their customers.

In Orange County, Class A is a registration with no routine inspection. Class B is a permit with an annual inspection, and a Class B holder may also sell as Class A. Both classes may sell only within California.

Sales limits

The law sets base limits of $75,000 in gross annual sales for Class A and $150,000 for Class B, adjusted each year for inflation.

According to CDPH’s adjustment table, the limits in effect since Jan. 1, 2026, are $88,878 for Class A and $177,756 for Class B. Some CDPH and county pages still show the base amounts. Sellers close to the limit should ask Environmental Health which figure applies.

Key rules in Orange County

According to the Cottage Food page and application packet from Orange County Environmental Health:

• Fees: the initial review fee is $225 for Class A or B and covers up to 10 labels plus the first-year permit. Under the county’s 2025–2026 fee schedule, annual renewal is $128 for Class A and $384 for Class B. Fees are non-refundable.
• Where food is made: only in the kitchen of the home where the operator lives and an attached storage room. A registration or permit covers only that person and that address.
• Staff: no more than one full-time-equivalent employee, not counting family or household members.
• Food safety training: operators and staff must complete a food processor course within 90 days of registration or permitting and repeat it every three years.
• Labels: must state “Made in a Home Kitchen” and meet state and federal food labeling rules. All labels must be approved before sale.
• Farmers’ markets and fairs: selling in person at these events requires a separate temporary food facility (TFF) permit.

Orange County Environmental Health:
(714) 433-⁠6000 · EHCottageFood@ochca.com
1241 E. Dyer Road, Suite 120, Santa Ana, CA 92705
Monday–Friday, 8 a.m. to 4 p.m.

Fees and procedures may change with the county’s fiscal year. Check the current fee schedule on the county website before applying. Questions about taxes or city business licenses should go to a licensed professional.

Translation assisted by AI and reviewed by an editor.