You are not required to set up an LLC or Corporation for you business, and in fact, the wording of the law suggests that only an individual person (not a business entity) can get a cottage food permit.
The information below is information only, not legal advice.
My local health department is still not ready to issue permits or registration paperwork for cottage food operations.
If a food item is not on the list then you cannot make it in a cottage food operation. other ingredients that are not defined in 21 CFR 150 cannot be produced
What kinds of food can I sell from home in my Cottage Food Operation? The law went into effect January 1, 2013.
Read our disclosure policy to learn more. Date of the enactment of the California cottage food law: September 21, 2012 Assembly Bill (AB) 1616 Chapter 415, Statutes of 2012, was signed into law by Governor Brown on September 21, 2012; effective January 1, 2013.
The rest of the questions below pertain more directly to "cottage food producers" who make processed foods in a home kitchen.
out, Consider annual testing of water if using a private well, Frequently Asked Questions about the California Homemade Food Act in
For example, some counties prevent CFO’s from using certain ingredients, like meringue powder. conditions. The list of allowed foods is as follows.
However, if you do decide to use the mail to deliver your products, beware that this may or may not be legal and that you are taking some risk. Most farmers’ markets, event organizers and retail stores have their own policies regarding the sale of certain types of foods. The Law Center also has other more general resources like bite-sized legal guides, books, and manuals for food enterprises here. The purpose of the regulation is to maintain the
Can I sell cheesecake, flan, pumpkin pie, and lemon meringue pie? Baked goods, without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas. However, an early version of the bill explicitly stated that sales by internet were allowed for cottage food operations and this was removed during a set of amendments made to the bill, leaving the letter of the law silent on the issue of internet and mail orders. this low acid ingredient could cause the formation of botulism toxin in Who do I contact? Yes.
Standard homeowner’s and renter’s insurance policies often do not cover liability associated with business carried out in the home but additional home business insurance can sometimes be added on to your policy. Confections such as salted caramel, fudge, marshmallow bars, identity or the product may be considered misbranded. In the meantime, CDPH has indicated that successful passing of a safe food handling course approved by the American National Standards Institute (which includes the certificate often known as a Food Handlers’ Card) will suffice until they come up with their own course. Below is a list from the California Department of Public the product if the proper controls are not.
Did you know the California Cottage Food Law requirements vary by county?
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In this case, since you are using almonds, which are a common allergen, you need to have a separate statement notifying the consumer that the product contains almonds.
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