Starting your Contra Costa County Cottage Food Operation (CFO) - - PDF document

Starting your Contra Costa County Cottage Food Operation (CFO)

COTTAGE FOOD OPERATION FEES BELOW INCLUDE $45.00 APPLICATION FEE WHICH IS NON-REFUNDABLE

Please allow at least 15 working days from the time of submittal of your completed application packet for review. Approval is required from Environmental Health prior to starting your CFO business. See listing of Approved Cottage Foods attached. It is highly recommended you have a solid business plan in place prior to submitting for permits from various agencies. Please consider contacting the Contra Costa Small Business Development Center 925-602-6806 or www.contracostasbdc.org for guidance.

Step 1 . . .

Obtain and complete ALL required items below needed for application submittal to Contra Costa Environmental Health:

Fees paid in full at the time of submission* Photocopy of your current CA Driver’s License (same address as CFO documents or include copy of DMV Change of Address Request) Copy of received & date stamped City/County Planning /Zoning Department CFO Home Occupation Application EH Consumer Protection Services Application – 1 page EH California Homemade Food Act AB1616 (Gatto) Registration/Permitting Form – 5 pages EH Cottage Food Operations Self Certification Checklist (CFOs – Class A/B) – 2 pages Copy of current Food Handler Course Certification (on line courses are available) - Completed within 3 months. http://www.cdph.ca.gov/programs/Documents/fdbCFOtrain.pdf. Copy of certification may be faxed to CCEH 925-608-5502 or emailed to CFO@cchealth.org and be sure to state the name of your CFO. Copies of all product labels using required California Department of Public Health format/wording (if stating the use of organic ingredients, must attach a copy of the USDA certification for each item (see Sample Label below). Numbered listing of all products submitted, if over 3 items. *An additional fee of $199.00 per hour will be charged after the 3rd hour of review. Continued . . .

MADE IN A HOME KITCHEN Class A Registration or Class B Permit #12345 Issued in: Contra Costa County Chocolate Chip Cookies With Walnuts Sally Baker 123 Cottage Food Lane Yourtown, CA 90000 Ingredients: Enriched flour (wheat flour, niacin, reduced iron, thiamine, mononitrate, riboflavin, and folic acid), butter (milk, salt) chocolate chips (sugar, chocolate liquor, cocoa butter, butterfat (milk)), walnuts, sugar, eggs, salt, artificial vanilla extract, baking soda. Contains: Wheat, eggs, milk, soy, walnuts Net Wt. 3 oz. (85.049g

Fees:

All fees are subject to change without notice.

Renewal payments received after February 28 will have $150.00 late fee added.

 New Class A – Direct Sales Packet Review $498.00

Includes review, application fee ($45.00 non-refundable), 1st year registration * Subsequent years with no changes $109.00 – due annually Mar 1 – Feb 28

 New Class B – Indirect/Direct Sales Packet Review $796.00

Includes review, application fee ($45.00 non-refundable), 1st year registration, travel,inspection * Subsequent years with no changes $348.00 – due annually Mar 1 – Feb 28

* Contra Costa Environmental Health must be notified if there are any changes to the labels, place of residence or products being made, a packet review charge will apply.

California Department of Public Health information and updates:

For approved food listing and program updates regarding the new California CFO AB1616 Gatto bill, please visit the California Department of Public Health: http://www.cdph.ca.gov/programs/Pages/fdbCottageFood.aspx

Step 2 . . .

After submittal:

When completed application and payment are received, all applications are date stamped, reviewed by the Inspector and CFO

• Supervisor. You will be contacted via e-mail, and/or phone to be advised of any changes, or additional documentation and approval
• r denial. It is your responsibility to return calls and e-mails in a timely manner for a turnaround time of approximately 15 working
• days. Keep in mind there are other applications on review ahead of yours.

Step 3 . . .

After final approval: You will be sent your registration / permit number to be printed on all labels and the Class A Registration or Class B Permit. Do not make,

prepare or sell food, including business transactions, prior to receiving your final Environmental Health approval.

If you are interested in trying to sell your products at Farmer’s Markets or Temporary Food Events, you must contact the Market Manager

• r Temporary Food Event Coordinator to be accepted and approved by them, pay all appropriate fees and be added to their vendor
• list. You must show proof of Contra Costa Environmental Health CFO registration/permit.

Should you have additional questions after reviewing the websites above, feel free to call your lead inspector: Matt Villaber

• r program clerk, Diana Abbott 925-608-5500. Email address: CFO@cchealth.org

Continued . . .

Approved Cottage Foods

Cottage food operations are allowed to produce certain non-potentially hazardous foods. These are foods that do not support the rapid growth of bacteria that would make people sick when held outside of refrigeration temperatures. The list of approved cottage food categories and their ethnic variations, which cottage food operations are allowed to produce, are listed below. The list will be maintained and updated by the California Department of Public Health (CDPH) on its Internet website as necessary. CDPH may add to or delete food products from the approved products list. Notice of any change, reason for the change, the authority for the change, and the nature of the change to the approved food products list will be posted on the CDPH website and shall be become effective thirty (30) days after the notice is posted. http://www.cdph.ca.gov/programs/Pages/fdbCottageFood.aspx Approved Food Products List (July 1, 2020): (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 fruits. (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. * See Below (12) Nut mixes and nut butters. (13) Popcorn. (14) Vinegar and mustard. (15) Roasted coffee and dried tea. (16) Waffle cones and pizelles. (17) Cotton candy. (18) Candied apples. (19) Confections such as salted caramel, fudge, marshmallow bars, chocolate covered marshmallow, nuts, and hard candy, or any combination thereof. (20) Buttercream frosting, buttercream icing, buttercream fondant, and gum paste that do not contain eggs, cream, or cream cheese. (21) Dried or Dehydrated vegetables. (22) Dried vegetarian-based soup mixes. (23) Vegetable and potato chips. (24) Ground chocolate. (25) Seasoning salt. (26) Flat icing. (27) Marshmallows that do not contain eggs. (28) Popcorn balls. (29) Dried grain mixes. (30) Fried or baked donuts and waffles. (31) Dried hot chocolate (dried powdered mixes or molded hardened cocoa pieces). (32) Fruit infused vinegar (containing only high-acid fruits such as apple, crabapple, nectarine, peach, plum, quince, blackberry, blueberry, cherry, cranberry, grape, huckleberry, gooseberry, loganberry, pomegranate, pineapple, raspberry, strawberry, tomatillo, youngberry, grapefruit, kumquat, lemon, lime, orange). (33) Dried fruit powders. (34) Dried spiced sugars. (35) Dessert sprinkles (edible) such as sanding and crystal sugars, non-pareils, confetti, sequins, dragees, sugar-shapes, sugar-strands (jimmies), comfits, mini-chocolates, and pralines. *Jams, jellies, preserves, and fruit butter: Cottage food operations which produce jams, jellies, preserves, and other related products must be sure that their products meet the legal established standards of identity requirements for those products as set forth in 21 CFR Part 150. The purpose of the regulation is to maintain the integrity of the food product to ensure consumers consistently get what they expect. The product name and ingredients listed on the label must be factual and comply with the legal definitions and standards

• f identity or the product may be considered misbranded. Products made with other ingredients that are not defined in 21 CFR 150 cannot

be produced by cottage food operations. Addition of other ingredients or alteration of ingredient profiles changes the chemistry of the food, which can allow the growth of various bacteria and toxins under the right conditions. For example, addition of peppers (i.e. jalapeno pepper) to make pepper jelly is not supported by 21 CFR 150 and the addition of this low acid ingredient could cause the formation of botulism toxin in the product if the proper controls are not used.

Revised 7.1.2020

D D D D

CONTRA COSTA

ENVIRONMENTAL HEALTH DIVISION

2120 DIAMOND BOULEVARD, SUITE 100 CONCORD, CA 94520 (925) 608-5500 (925) 608-5502 FAX www.cchealth.org/eh

CONSUMER PROTECTION SERVICES APPLICATION

APPLICATION FEE IS NON-REFUNDABLE (SERVICE FEES ARE ADDITIONAL REFER TO FEE SCHEDULE)

OWNER NAME (As it appears on Driver’s License or Federal Tax I.D.): OWNERS DRIVER’S LICENSE #: OWNERS SOCIAL SECURITY #: LIST ADDITIONAL PARTNERS: OWNER ADDRESS: FEDERAL TAX ID # (If Corporation): CITY/STATE/ZIP CODE: PHONE #: FAX #: OWNER MAILING ADDRESS (If different from above): EMAIL ADDRESS: IN CARE OF: (Billing office or person in charge): CITY/STATE/ZIP CODE:

COTTAGE FOOD OPERATION NAME / DBA:

COTTAGE FOOD OPERATION PHONE #: COTTAGE FOOD OPERATION ADDRESS: CITY/STATE/ZIP CODE:

COTTAGE FOOD OPERATION TYPE: (Please Check Box)

Class A Class B

OTHER SERVICES REQUESTED:

Site Evaluation Consultation Add Partner: Name: Drop Partner: Name: Change Address to: ___________________________________________ Phone #: Phone #:

The undersigned hereby applies for a Permit to Operate and agrees to operate in accordance with all applicable state and local regulations, laws, and such inspection procedures needed to ensure compliance. Payment of the required fee and late penalties, if any, to secure a valid permit is required before commencing or continuing

• perations. Failure to do so may result in a misdemeanor citation, infractions, permit suspension/revocation proceedings, and/or closure. Notify Contra Costa

Environmental Health of any changes in the type of business activity, name, billing address, or ownership by calling the number above. PERMITS ARE NOT TRANSFERABLE.

APPLICANT NAME: (Please print) Signature of Applicant: Date:

FOR OFFICE USE ONLY

FA #: PR # P/E: REHS: SUPERVISOR:

VC

RECEIVED BY: DATE RECEIVED: AMOUNT DUE:

$

AMOUNT PAID:

$

CHECK #: CASH CREDIT CARD: MC VISA RECEIPT #:

XR

WHITE – ENVIRONMENTAL HEALTH

MV

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Environmental Health Division

2120 Diamond Boulevard, Suite 100, Concord, CA 94520 (925) 608-5500 FAX (925) 608-5502 (w w w .cchealth.org/eh)

$45.00 APPLICATION FEE (Included in Registration/Permit Fee) IS NON-REFUNDABLE (SERVICE FEES ARE ADDITIONAL. REFER TO FEE SCHEDULE.)

CALIFORNIA HOMEMADE FOOD ACT AB 1616 (GATTO) REGISTRATION / PERMITTING FORM

CFO Business Name: Date: CFO Physical Address: CFO City: CFO ZIP: Owner Name: Owner Phone: Owner Cell: Mailing Address (if different): Mailing City: Mailing ZIP: Email Address: Website:

• 1. Categories:
• 2. Prohibited Items:

Initial if you agree to abide by the following: _ Foods containing cream, custard, or meat fillings are potentially hazardous and are NOT

• ALLOWED. Only foods that are defined as “non-potentially hazardous” are approved for

preparation by a Cottage Food Operation (CFO). These are food items that do not require refrigeration to keep them safe from bacterial growth that could be a cause of food-borne illness. *Please note: Cannabis-infused edibles are not an approved Cottage Food product.

• 3. “Class A/B” Self Certification Checklist:

Checklist completed “Class A” (Direct Sales Only) “Class B” ( Direct & Indirect Sales)

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• 4. Products:

Please check ALL of the items you will be preparing and/or selling. Approved Food Products List (July 1, 2020): (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 fruits. (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. * See Below (12) Nut mixes and nut butters. (13) Popcorn. (14) Vinegar and mustard. (15) Roasted coffee and dried tea. (16) Waffle cones and pizelles. (17) Cotton candy. (18) Candied apples. (19) Confections such as salted caramel, fudge, marshmallow bars, chocolate covered marshmallow, nuts, and hard candy, or any combination thereof. (20) Buttercream frosting, buttercream icing, buttercream fondant, and gum paste that do not contain eggs, cream, or cream cheese. (21) Dried or Dehydrated vegetables. (22) Dried vegetarian-based soup mixes. (23) Vegetable and potato chips. (24) Ground chocolate. (25) Seasoning salt. (26) Flat icing. (27) Marshmallows that do not contain eggs. (28) Popcorn balls. (29) Dried grain mixes. (30) Fried or baked donuts and waffles. (31) Dried hot chocolate (dried powdered mixes or molded hardened cocoa pieces). (32) Fruit infused vinegar (containing only high-acid fruits such as apple, crabapple, nectarine, peach, plum, quince, blackberry, blueberry, cherry, cranberry, grape, huckleberry, gooseberry, loganberry, pomegranate, pineapple, raspberry, strawberry, tomatillo, youngberry, grapefruit, kumquat, lemon, lime, orange). (33) Dried fruit powders. (34) Dried spiced sugars. (35) Dessert sprinkles (edible) such as sanding and crystal sugars, non-pareils, confetti, sequins, dragees, sugar-shapes, sugar-strands (jimmies), comfits, mini-chocolates, and pralines.

fdbinfo@cdph.ca.gov  Email this address to submit a request for a food item not listed above. No guarantee for approval. **These items must comply with standards described in Part 150 of Title 21 of the Code of Federal Regulations http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfCFR/CFRSearch.cfm?CFRPart=150

Food descriptions:

• 5. Product Labeling: Initial if you agree to abide by the following:

_ For a detailed description, see the CDPH document “Labeling Requirements for Cottage Food Products.” All cottage food products must be properly labeled in compliance with the Federal, Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343 et seq.) The label must include:

• The words “Made in a Home Kitchen” in 12-point type
• The name commonly used to describe the food product
• The name city, state and zip code of the cottage food operation which produced the

cottage food product. If the firm is not listed in the current telephone directory then a street address must also be declared. (A contact phone number or email address is

• ptional but may be helpful for consumers to contact your business.
• The registration or permit number of the cottage food operation which produced the

cottage food product and in the case of “Class B” CFOs, the name of the county where the permit was issued.

• The ingredients of the food product, in descending order of predominance by

weight, if the product contains two or more ingredients.

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• The net quantity (count, weight, or volume) of the food product. It must be stated in

both English (pound) units and metric units (grams).

• A declaration on the label in plain language if the food contains any of the eight

major food allergens such as milk, eggs, fish, shellfish, tree nuts, wheat, peanuts, and soybeans. There are two approved methods prescribed by federal law for declaring the food sources of allergens in packaged foods: 1) in a separate summary statement immediately following or adjacent to the ingredient list, or 2) within the ingredient list.

• If the label makes approved nutrient content claims or health claims, the label must

contain a “Nutrition Facts” statement on the information panel.

• The use of the following eleven terms are considered nutrient content claims

(nutritional value of a food): free, low, reduced, fewer, high, less, more, lean, extra lean, good source, and light. Specific requirements have been established for the use of these terms. Please refer to the Cottage Food Labeling Guideline for more details.

• A health claim is a statement or message on the label that describes the

relationship between a food component and a disease or health-related condition (e.g., sodium and hypertension, calcium and osteoporosis). Please refer to the Cottage Food Labeling Guideline for more details.

• Labels must be legible and in English (accurately translated information in another

language may accompany it).

• Labels, wrappers, inks, adhesives, paper, and packaging materials that come into

contact with the cottage food product by touching the product or penetrating the packaging must be food-grade (safe for food contact) and not contaminate the food. Examples

• 6. Water Source:

Please identify the water source to be used in Cottage Food Facility (Check one box) MADE IN A HOME KITCHEN

Class A Registration #12345 Issued in: Contra Costa County Chocolate Chip Cookies With Walnuts

Sally Baker 123 Cottage Food Lane Yourtown, CA 90000 Ingredients: Enriched flour (wheat flour, niacin, reduced iron, thiamine, mononitrate, riboflavin, and folic acid), butter (milk, salt) chocolate chips (sugar, chocolate liquor, cocoa butter, butterfat (milk)), walnuts, sugar, eggs, salt, artificial vanilla extract, baking soda. Contains: Wheat, eggs, milk, soy, walnuts Net Wt. 3 oz. (85.049g)

MADE IN A HOME KITCHEN

Class B Permit #12345 Issued in: Contra Costa County Chocolate Chip Cookies With Walnuts

Sally Baker 123 Cottage Food Lane Yourtown, CA 90000 Ingredients: Enriched flour (wheat flour, niacin, reduced iron, thiamine, mononitrate, riboflavin, and folic acid), butter (milk, salt) chocolate chips (sugar, chocolate liquor, cocoa butter, butterfat (milk)), walnuts, sugar, eggs, salt, artificial vanilla extract, baking soda. Contains: Wheat, eggs, milk, soy, walnuts Net Wt. 3 oz. (85.049g)

Name of Public Water System or Community Services District:

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If you use a Private Water Supply**, identify the source (well, spring, surface, etc.): Pittsburg, Private Water Supply: Initial Water Quality Results Check boxes below if initial water testing has been completed. All testing must be done at a State Certified Laboratory. Then either attach lab results or provide name of lab, date & results in space provided next to type of test. * (Testing Frequencies for Transient Non-Community Water Systems after initial testing)

Bacteriological Test (quarterly*): Nitrate Test (yearly*): Nitrite (every 3 years*):

**Additional information may be required if food is prepared from a home with a private water supply – Check with local jurisdiction

• 7. Disposal of Waste:

Please check what type of treatment is used to dispose of waste Public Sewer Service Private Septic System ۰ In the event of septic system failure or plumbing problem, you are required to notify the Contra Costa Environmental Health Division immediately at (925) 608-5500.

• 8. Food Processor Course:

Initial if you agree to abide by the following: Within 3 months of being approved to operate by the Environmental Health Division, please provide proof of completion of the required California Department of Public Health (CDPH) food processor course*.

* See CDPH Website for more information: http://www.cdph.ca.gov/programs/Pages/fdbCottageFood.aspx

• 9. Employee:

Initial if you agree to abide by the following: I understand that I may not have more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, working within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers.

• 10. Gross Annual Sales:

Initial if you agree to abide by the following: _ I understand that I will lose my CFO status and will need to become permitted in a commercial facility if my CFO business exceeds the following gross annual sales figures for the calendar years in the following table:

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2015 and in subsequent years...................$50,000

• 11. Delivery Limitations: Initial if you agree to abide by the following:

I understand that I may accept orders and payments via the internet, mail or phone. However, all “Class A” & “Class B” CFO products must be delivered directly (in person) to the customer. The CFO products may not be delivered via US Mail, UPS, FedEx or using any other indirect delivery method as this is regulated/subject to CDPH registration and state and federal requirements.

• 12. Owner’s Statement:

I, , agree to grant access to Contra Costa Environmental Health Division to conduct an inspection of my cottage food operation (mark one): I, , agree to notify Contra Costa Environmental Health Division prior to modifying my food list, type of operation, and/or method of selling, distributing, or otherwise providing my CFO products to the consumer or retailers, regardless of whether the product is sold, consigned, or given away. Owner’s Signature Print Name Date Calendar Year Gross Annual Sales “Class A”: In the event of a consumer complaint or reported food-borne illness “Class B”: For regular annual facility inspections and in the event of a consumer complaint or food-borne illness

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Environmental Health Division 2120 Diamond Boulevard, Suite 100, Concord, CA 94520 (925) 608-5500 FAX (925) 608-5502 (w w w .cchealth.org/eh)

COTTAGE FOOD OPERATIONS (CFOs – Class A/B) SELF CERTIFICATION CHECKLIST

The following requirements are outlined in the Cottage Food Operations (CFO) regulations and are provided as minimum standards of health and safety for the preparation of approved cottage foods in the home.

CFO Business Name: CFO Owner Name: CFO Physical Address: CFO City: CFO ZIP: Phone: FA PR PE Above bold boxes for office use only.

Facility Requirements: Yes No Zoning Requirements: Yes No Employee and Training Requirements: Yes No 1. The CFO is located in a private dwelling where the CFO operator currently resides 2. All CFO food preparation will take place in the private kitchen within that home. 3. Additional storage used for the CFO will be within the home. a. If YES, is the room used exclusively for storage? b. Specify the room(s) that will be used for storage? 4. Sleeping quarters are excluded from areas used for CFO food preparation or storage. 5. I have complied with the applicable zoning requirements for the CFO. 6. I have attached documentation from the Planning office (If required) 7. Have all persons preparing or packaging CFO products completed the CDPH food processor course? a. If YES, copies of certificates are attached. b. If NO, complete course within 3 months of CFO registration. 8. The CFO has no more than 1 full-time equivalent employee? (Immediate family or household members are not included.)

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Sanitation Requirements: Yes No Food Preparation Requirements (includes packaging and handling): Yes No

• 12. Hand washing is required immediately prior to handling foods and after engaging in any

activity that contaminates the hands such as after using the toilet, coughing or sneezing, eating or smoking.

• 13. Warm water, hand soap and clean towels are available for hand washing.
• 14. All food ingredients used in the CFO products are from an approved source.
• 15. Potable water shall be used for hand washing, ware washing and as an ingredient.
• 16. Is your water source a private water supply (well, spring, surface)?

a. If YES, have you completed testing for bacteria, nitrate & nitrite?

• 17. Is your water source a public water system or community services district?

a. If YES, what is the name of the system or district? During the preparation, packaging or handling of CFO products:

Yes No

• 18. Domestic activities such as family meal preparation, dishwashing, clothes washing or

ironing, kitchen cleaning or guest entertainment are excluded from the kitchen.

• 19. Infants, small children (younger than 12 yr. old), or pets are excluded from the kitchen.
• 20. Smoking is excluded.
• 21. Any person with a contagious illness shall refrain from work in the CFO.

Labeling Requirements: Yes No

By signing below you are certifying that you meet the requirements of the California Homemade Food Act, AB 1616 (Gatto), as it pertains to a “Class A/B” Cottage Food Operation. Prior to making any changes, I acknowledge that I must notify Contra Costa Environmental Health Division of any intended changes to the above statement. Cottage Food Operator Checklist completed and submitted by:

Owner’s Signature Print Name Date 9. Kitchen equipment and utensils used to produce CFO products are clean and maintained in a good state of repair.

• 10. All food contact surfaces, equipment, and utensils used for the preparation, packaging, or

handling of any CFO products shall be washed, rinsed, and sanitized before each use.

• 11. All food preparation and food and equipment storage areas shall be maintained free of

rodents and insects.

• 22. A copy of all labels have been submitted to this Department for review and approval.
• 23. I have attached all sample labels.

California Homemade Food Act

Frequently Asked Questions

AB 1616 (Gatto) - Cottage Food Operations and AB 1252 Amendments

When does the new Cottage Food Law go into effect? The new law became effective January 1, 2013. The law requires the California Department of Public Health (CDPH) to carry out certain tasks associated with implementation, and imposes certain responsibilities on local planning and environmental health jurisdictions. Further information regarding the status of implementation can be obtained from your local environmental health agency.

• 1. What is a cottage food operation (CFO)? A CFO is an enterprise at a private

home where specific low-risk food products that do not require refrigeration are made or repackaged for sale to consumers.

• 2. What is meant by a private home? “Private home” means a dwelling, including

an apartment or other rented space, where the CFO operator resides.

• 3. Are there limitations on the size of CFO sales?

$35,000 or less in gross sales annually in 2013 $45,000 or less in gross sales annually in 2014 $50,000 or less in gross sales annually in 2015 and beyond

• 4. Can a CFO have employees? A CFO can have one full-time equivalent employee

(not counting family members or household members).

• 5. What cottage foods are CFOs permitted to produce? Only specific foods that

are defined as “non-potentially hazardous” are approved for preparation by

• CFOs. These are foods that do not require refrigeration to keep them safe from

bacterial growth that could make people sick. CDPH will establish and maintain a list of approved cottage food categories on their website. The list included in the new law includes:

Cottage Food Law Frequently Asked Questions Page 1

• Baked goods without cream, custard, or meat fillings, such as breads,

biscuits, churros, cookies, pastries, and tortillas

• Candy, such as brittle and toffee
• Chocolate-covered nonperishable foods, such as nuts and dried fruit
• Dried fruit
• Dried pasta
• Dry baking mixes
• Fruit pies, fruit empanadas, and fruit tamales
• Granola, cereals, and trail mixes
• Herb blends and dried mole paste
• Honey and sweet sorghum syrup
• Jams, jellies, preserves, and fruit butter that comply with the standard

described in Part 150 of Title 21 of the Code of Federal Regulations.

• Nut mixes and nut butters
• Popcorn
• Vinegar and mustard
• Roasted coffee and dried tea
• Waffle cones and pizzelles
• Cotton candy
• Candied apples
• Confections such as salted caramel, fudge, marshmallow bars, chocolate

covered marshmallow, nuts, and hard candy, or any combination thereof.

• Buttercream frosting, buttercream icing, buttercream fondant, and gum

paste that do not contain eggs, cream, or cream cheese

• Dried or dehydrated vegetables
• Dried vegetarian-based soup mixes
• Vegetable and potato chips
• Ground chocolate
• Seasoning salt
• Flat icing
• Marshmallows that do not contain eggs
• Popcorn balls
• Dried grain mixes
• Fried or baked donuts and waffles
• 6. What are the two classifications of CFO’s?

“Class A” CFOs are only allowed to engage in “direct sales” of cottage

food.

“Class B” CFO’s may engage in both “direct sales” and “indirect sales” of

cottage food.

Cottage Food Law Frequently Asked Questions Page 2

• 7. What is meant by “direct sale” of cottage food? “Direct sale” means a

transaction within the state of California between a CFO operator and a consumer, where the consumer purchases the cottage food product directly from the CFO. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers’ markets, or through community- supported agriculture subscriptions, and transactions occurring in person at the cottage food operation.

• 8. What is meant by “indirect sale” of cottage food? “Indirect sale” means an

interaction within the state of California between a CFO, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the CFO from a third-party retailer that holds a valid permit issued by the local environmental health agency in their jurisdiction. Indirect sales include, but are not limited to, sales made to retail food facilities including markets, restaurants, bakeries, and delis, where food may be immediately consumed on the premises.

• 9. What are limitations on Internet sales and delivery of cottage food products? A

cottage food operator may advertise as well as accept orders and payments via Internet or phone. However, a CFO must deliver (in person) to the customer. A CFO may not deliver any CFO products via US Mail, UPS, FedEx or using any other third-party delivery service. A cottage food operator may not introduce a CFO product into interstate commerce. Additionally, CFO’s can only sell cottage foods

• utside their county of residence only when the local environmental health

agency of the outside county allows it.

• 10. What are limitations on advertising of CFO products? It is unlawful for any

person to disseminate any false advertising of any food. An advertisement is false if it is false or misleading in any particular. A cottage food product that is found to be falsely advertised would be subject to enforcement action.

• 11. Do I need any special training or certification to make cottage foods? A person

who prepares or packages cottage food products must complete a food processor course approved by CDPH within three months of being registered or permitted and every three years during operation.

• 12. Does a CFO need a permit to operate?

Planning and zoning: All CFO’s need to obtain approval from their local city or

Cottage Food Law Frequently Asked Questions Page 3

county planning department. The Homemade Food Act gives planning departments several options to consider, so planning department requirements may vary between jurisdictions. Environmental Health: For “Class A” CFO’s (direct sale only), must complete an annual registration with the local enforcement agency and submit a fully completed “self-certification checklist” approved by the local environmental health

• agency. For “Class B” CFO’s (either direct and indirect or indirect only), must
• btain an annual permit from the local environmental health agency.

Other requirements: Check on other state or local requirements that may be applicable, such as Sellers Permits through the Board of Equalization, or Business Licenses through your city or county. Registrations and permits are nontransferable between: 1) Persons 2) Locations 3) Type of food sales [i.e., direct sales (“Class A”) vs. indirect sales (“Class B”) 4) Type of distribution

• 13. How much will the permit or registration cost the CFO? Each local jurisdiction

will establish fees that are not to exceed the cost of providing the service. Additional fees may be charged for inspection and/or enforcement activities if the cottage food operation is found to be in violation of California food safety laws on cottage food operations.

• 14. Will my CFO registration/permit allow me to sell at other retail venues? There

may be health permits required to sell at other locations, such as Certified Farmers’ Markets, Swap Meets or community events. Please check with your local environmental health department for additional permit requirements.

• 15. How often will a CFO be inspected?

“Class A” CFO kitchens and food storage areas (referenced in the law as the

“registered or permitted area”) are not subject to initial or routine inspections.

“Class B” CFO kitchens and food storage areas are inspected initially prior to

permit issuance and not more than once per year.

“Class A or B” (complaint inspections) - The local environmental health

agency may access, for inspection purposes, the registered or permitted area where a cottage food operation is located if the representative has, on the basis of a consumer complaint, reason to suspect that adulterated or

Cottage Food Law Frequently Asked Questions Page 4

• therwise unsafe food has been produced by the cottage food operation or

that the cottage food operation has violated California food safety laws.

• 16. What are CFO operational requirements? All CFOs must comply with the

following:

• No domestic activity in kitchen during cottage food preparation
• No infants, small children, or pets in kitchen during cottage food

preparation

• Kitchen equipment and utensils kept clean and in good repair
• All food contact surfaces and utensils washed, rinsed, and sanitized

before each use

• All food preparation and storage areas free of rodents and insects
• No smoking in kitchen area during preparation or processing of

cottage food A person with a contagious illness shall refrain from preparing or packaging cottage food products

• Proper hand-washing shall be completed prior to any food

preparation or packaging

• Water used in the preparation of cottage food products must be potable
• Cottage food preparation activities include:
• Washing, rinsing, and sanitizing of any equipment used in food

preparation

• Washing and sanitizing hands and arms
• Water used as an ingredient of cottage food.
• 17. What has to be on my cottage food label?

All cottage food products must be properly labeled in compliance with the

Federal, Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343 et seq.). The label must include:

• The words “Made in a Home Kitchen” or “Repackaged in a Home Kitchen”

in 12-point type.

• The name commonly used to describe the food product.
• The name city, state and zip code of the cottage food operation which

produced the cottage food product. If the CFO is not listed in a current telephone directory then a street address must also be declared. (A contact phone number or email address is optional but may be helpful for consumers to contact your business.

• The registration or permit number of the CFO which produced the

cottage food product and, in the case of “Class B” CFOs, the name of the county where the permit was issued.

• The ingredients of the food product, in descending order of

predominance by weight, if the product contains two or more

Cottage Food Law Frequently Asked Questions Page 5

ingredients.

• The net quantity (count, weight, or volume) of the food product, it must

be stated in both English (pound) units and metric units (grams).

• A declaration on the label in plain language if the food contains any of the

eight major food allergens such as milk, eggs, fish, shellfish, tree nuts, wheat, peanuts, and soybeans. There are two approved methods prescribed by federal law for declaring the food sources of allergens in packaged foods: 1) in a separate summary statement immediately following or adjacent to the ingredient list, or 2) within the ingredient list.

• The use of the following eleven terms are considered nutrient content

claims (nutritional value of a food): free, low, reduced, fewer, high, less, more, lean, extra lean, good source, and light. Specific requirements have been established for the use of these terms. Please refer to the Cottage Food Labeling Guideline for more details.

• A health claim is a statement or message on the label that describes the

relationship between a food component and a disease or health-related condition (e.g., sodium and hypertension, calcium and osteoporosis). Please refer to the Cottage Food Labeling Guideline for more details.

• If the label makes approved nutrient content claims or health claims, the

label must contain a “Nutrition Facts” statement on the information panel.

• Labels must be legible and in English (accurately translated information in

another language may also be included on the label). Labels, wrappers, inks, adhesives, paper, and packaging materials that come into contact with the cottage food product by touching the product or penetrating the packaging must be food-grade (safe for food contact) and not contaminate the food. In a permitted retail food facility (such as a restaurant, market, or deli), cottage food products served without packaging or labeling shall be identified to the customer as homemade on the menu, menu board or in another easily accessible location that would reasonably inform the consumer that the food or an ingredient in the food has been made in a private home.

• 18. What is my legal responsibility as a cottage food operator in ensuring that my

food product is safe? Cottage food operators and/or their employees shall not commit any act that may cause contamination or adulteration of food. This would include making foods that are not on the approved food list and or making foods under unsanitary conditions or with spoiled or rancid ingredients. A cottage food operation that is not in compliance with the requirements of AB

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1616 and AB 1252 would be subject to enforcement action taken by the local environmental health agency and/or the California Department of Public Health.

• 19. What if I find out an ingredient I used has been recalled because it can make

people sick or has been identified as the cause of food borne illness? You should notify your local environmental health agency or CDPH immediately and do not distribute anymore product. You may need to notify your customers and request that they return or dispose of the products. For specific food recall information, you can contact CDPH at: (916) 650-6500 or email: FDBinfo@cdph.ca.gov.

• 20. What is my liability as a cottage food business operating out of my home? You

should check with your homeowner insurance company or your landlord if you are operating out of a rental property. Many homeowner insurance policies will not extend liability coverage to liabilities arising out of home-based businesses.

• 21. What other educational resources and guidelines are available to assist me in

ensuring I am making a safe food product? Please see the CDPH website or contact your local environmental health agency for guidance and resource documents or web links.

• 22. What can I do to ensure I am still meeting legal requirements if my cottage

food operation grows to exceed the gross annual sales limit and/or I decide want to make another type of food product that is not on the approved food list? Please contact CDPH for registration and facility requirements for food processors.

• 23. Where can I file a complaint about a cottage food operation or cottage food

product? You can file a complaint at the CDPH toll-free complaint line – 1-800-495-3232.

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CREDIT CARD PAYMENTS

SITE ADDRESS: CARD HOLDER MAILING ADDRESS: REASON/PURPOSE FOR PAYMENT:

CHECK ONE: MASTERCARD

VISA

(NOTE: $30.00 MINIMUM ON CREDIT CARD PAYMENTS) NAME OF PAYOR: PHONE #: ( ) CREDIT CARD #:

• EXP. DATE:

AMOUNT PAID #: AMOUNT DUE:

Contra Costa Environmental Health 2120 Diamond Blvd, Suite 100 Concord, CA 94520 Phone: (925) 608-5500 Fax: (925) 608-5502 www.cchealth.org/eh/ ___________________________________ _______________________ _____________ Signature Print Name Date OFFICE USE ONLY PAYMENT INFO RECEIVED: PHONE

FAX

• Walk-in

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3 DIGIT CODE ON BACK OF CARD:

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