Chapter 11.5. Cottage Food Operations of California Health And Safety Code >> Division 104. >> Part 7. >> Chapter 11.5.
(a) (1) (A) A "Class A" cottage food operation shall not be
open for business unless it is registered with the local enforcement
agency and has submitted a completed, self-certification checklist
approved by the local enforcement agency. The self-certification
checklist shall verify that the cottage food operation conforms to
this chapter, including the following requirements:
(i) No cottage food preparation, packaging, or handling may occur
in the home kitchen concurrent with any other domestic activities,
such as family meal preparation, dishwashing, clothes washing or
ironing, kitchen cleaning, or guest entertainment.
(ii) No infants, small children, or pets may be in the home
kitchen during the preparation, packaging, or handling of any cottage
food products.
(iii) Kitchen equipment and utensils used to produce cottage food
products shall be clean and maintained in a good state of repair.
(iv) All food contact surfaces, equipment, and utensils used for
the preparation, packaging, or handling of any cottage food products
shall be washed, rinsed, and sanitized before each use.
(v) All food preparation and food and equipment storage areas
shall be maintained free of rodents and insects.
(vi) Smoking shall be prohibited in the portion of a private home
used for the preparation, packaging, storage, or handling of cottage
food products and related ingredients or equipment, or both, while
cottage food products are being prepared, packaged, stored, or
handled.
(B) (i) The department shall post the requirements described in
subparagraph (A) on its Internet Web site.
(ii) The local enforcement agency shall issue a registration
number to a "Class A" cottage food operation that meets the
requirements of subparagraph (A).
(C) (i) Except as provided in (ii), a "Class A" cottage food
operation shall not be subject to initial or routine inspections.
(ii) For purposes of determining compliance with this chapter, a
representative of a local enforcement agency may access, for
inspection purposes, the registered area of a private home where a
cottage food operation is located only if the representative has, on
the basis of a consumer complaint, reason to suspect that adultered
or otherwise unsafe food has been produced by the cottage food
operation or that the cottage food operation has violated this
chapter.
(iii) Access under this subparagraph is limited to the registered
area and solely for the purpose of enforcing or administering this
chapter.
(iv) A local enforcement agency may seek recovery from a "Class A"
cottage food operation of an amount that does not exceed the local
enforcement agency's reasonable costs of inspecting the "Class A"
cottage food operation for compliance with this chapter, if the
"Class A" cottage food operation is found to be in violation of this
chapter.
(2) (A) A "Class B" cottage food operation shall not be open for
business unless it obtains a permit from the local enforcement agency
in a manner approved by the local enforcement agency to engage in
the direct and indirect sale of cottage food products.
(B) (i) A "Class B" cottage food operation shall comply with the
requirements described in clauses (i) to (vi), inclusive, of
subparagraph (A) of paragraph (1) in addition to the other
requirements of this chapter.
(ii) The local enforcement agency shall issue a permit number
after an initial inspection has determined that the proposed "Class B"
cottage food operation and its method of operation conform to this
chapter.
(C) Except as provided in this subparagraph, a "Class B" cottage
food operation shall not be subject to more than one inspection per
year by the local enforcement agency.
(D) A "Class A" cottage food operation shall renew its
registration annually.
(i) For purposes of determining compliance with this chapter, a
representative of a local enforcement agency, for inspection
purposes, may access the permitted area of a private home where a
cottage food operation is located only if the representative has, on
the basis of a consumer complaint, reason to suspect that adulterated
or otherwise unsafe food has been produced by the cottage food
operation, or that the cottage food operation has violated this
chapter.
(ii) Access under this subparagraph is limited to the permitted
area and solely for the purpose of enforcing or administering this
chapter.
(E) (i) A "Class B" cottage food operation shall be authorized to
engage in the indirect sales of cottage food products within the
county in which the "Class B" cottage food operation is permitted.
(ii) A county may agree to allow a "Class B" cottage food
operation permitted in another county to engage in the indirect sales
of cottage food products in the county.
(b) (1) A registration or permit, once issued, is nontransferable.
A registration or permit shall be valid only for the person,
location, type of food sales, and distribution activity specified by
that registration or permit, and, unless suspended or revoked for
cause, for the time period indicated.
(2) The registration or permit or an accurate copy thereof shall
be retained by the operator onsite at the time of either direct or
indirect cottage food sale.
A cottage food operation that is registered or has a
permit issued pursuant to Section 114365 shall be considered a
restricted food service facility for purposes of, and subject to,
Sections 113953.3, 114259.5, 114285, and 114286. A cottage food
operation that is registered or has a permit also shall be subject to
Sections 113967, 113973, 113980, 114259.5, 114405, 114407, 114409,
114411, and 114413, and to all of the following requirements:
(a) A person with a contagious illness shall refrain from work in
the registered or permitted area of the cottage food operation.
(b) A person involved in the preparation or packaging of cottage
food products shall keep his or her hands and exposed portions of his
or her arms clean and shall wash his or her hands before any food
preparation or packaging activity in a cottage food operation.
(c) Water used during the preparation of cottage food products
shall meet the potable drinking water standards described in Section
113869, or in accordance with the local regulatory authority. A
cottage food operation shall not be required to have an indirect
sewer connection. Water used during the preparation of cottage food
products includes all of the following:
(1) The washing, sanitizing, and drying of any equipment used in
the preparation of a cottage food product.
(2) The washing, sanitizing, and drying of hands and arms.
(3) Water used as an ingredient.
(d) A person who prepares or packages cottage food products shall
complete a food processor course approved by the department and
posted on the department's Internet Web site to protect the public
health within three months of becoming registered and every three
years during operation. The course shall not exceed four hours in
length. The department shall work with the local enforcement agency
to ensure that cottage food operators are properly notified of the
location, date, and time of the classes offered.
(e) A cottage food operation shall properly label all cottage food
products in compliance with the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. Sec. 343 et seq.). Additionally, to the extent permitted
by federal law, the label shall include, but is not limited to, all
of the following:
(1) The words "Made in a Home Kitchen" or "Repackaged in a Home
Kitchen," as applicable, with a description of any purchased whole
ready-to-eat product not used as an ingredient in 12-point type on
the cottage food product's primary display panel.
(2) The name commonly used for the food product or an adequately
descriptive name.
(3) The name of the cottage food operation which produced the
cottage food product.
(4) The registration or permit number of the "Class A" or "Class B"
cottage food operation, respectively, which produced the cottage
food product and the name of the county of the local enforcement
agency that issued the permit or registration number.
(5) The ingredients of the cottage food product, in descending
order of predominance by weight, if the product contains two or more
ingredients.
(a) The department shall adopt and post on its Internet
Web site a list of nonpotentially hazardous foods and their ethnic
variations that are approved for sale by a cottage food operation. A
cottage food product shall not be potentially hazardous food, as
defined in Section 113871.
(b) This list of nonpotentially hazardous foods shall include, but
not be limited to, all of the following:
(1) Baked goods without cream, custard, or meat fillings, such as
breads, biscuits, churros, cookies, pastries, and tortillas.
(2) Candy, such as brittle and toffee.
(3) Chocolate-covered nonperishable foods, such as nuts and dried
fruit.
(4) Dried fruit.
(5) Dried pasta.
(6) Dry baking mixes.
(7) Fruit pies, fruit empanadas, and fruit tamales.
(8) Granola, cereals, and trail mixes.
(9) Herb blends and dried mole paste.
(10) Honey and sweet sorghum syrup.
(11) Jams, jellies, preserves, and fruit butter that comply with
the standard described in Part 150 of Title 21 of the Code of Federal
Regulations.
(12) Nut mixes and nut butters.
(13) Popcorn.
(14) Vinegar and mustard.
(15) Roasted coffee and dried tea.
(16) Waffle cones and pizelles.
(c) (1) The State Public Health Officer may add or delete food
products to or from the list described in subdivision (b), which
shall be known as the approved food products list. Notice of any
change to the approved food products list shall be posted on the
department's cottage food program Internet Web site, to also be known
as the program Internet Web site for purposes of this chapter. Any
change to the approved food products list shall become effective 30
days after the notice is posted. The notice shall state the reason
for the change, the authority for the change, and the nature of the
change. The notice will provide an opportunity for written comment by
indicating the address to which to submit the comment and the
deadline by which the comment is required to be received by the
department. The address to which the comment is to be submitted may
be an electronic site. The notice shall allow at least 20 calendar
days for comments to be submitted. The department shall consider all
comments submitted before the due date. The department may withdraw
the proposed change at any time by notification on the program
Internet Web site or through notification by other electronic means.
The approved food products list described in subdivision (b), and any
updates to the list, shall not be subject to the administrative
rulemaking requirements of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) The State Public Health Officer shall not remove any items
from the approved food products list unless the State Public Health
Officer also posts information on the program Internet Web site
explaining the basis upon which the removed food item has been
determined to be potentially hazardous.
(a) The State Public Health Officer shall provide
technical assistance, and develop, maintain, and deliver
commodity-specific training related to the safe processing and
packaging of cottage food products to local enforcement agencies.
(b) Local enforcement agencies may collect a surcharge fee in
addition to any permit fees collected for "Class B" cottage food
operations. The surcharge fee shall not exceed the reasonable costs
that the department incurs through the administration of the training
described in subdivision (a) to protect the public health. The
surcharge fees collected shall be transmitted to the department in a
manner established by the department to be deposited in the Food
Safety Fund. The department shall use the surcharge fees only to
develop and deliver the training described in subdivision (a) to
local enforcement agency personnel on an ongoing basis.