California Homemade Food Act 2019-2025 Form

Understanding the California Homemade Food Act

The California Homemade Food Act, also known as AB 1616, allows individuals to prepare and sell certain types of homemade food products directly to consumers. This legislation aims to support small-scale food entrepreneurs while ensuring food safety. Under this act, food operators can produce non-hazardous foods, such as baked goods, jams, and candies, from their home kitchens without needing a commercial kitchen license.

Key Elements of the California Homemade Food Act

Several important components define the California Homemade Food Act. These include:

• Types of Foods Allowed: The act specifies which non-hazardous foods can be prepared and sold. These typically include baked goods, dry mixes, and certain preserves.
• Sales Limitations: There are restrictions on the total annual sales revenue, which is capped at a certain amount to qualify as a cottage food operation.
• Labeling Requirements: All homemade food products must have proper labeling that includes the name and address of the producer, the product name, and a statement indicating that the food was made in a home kitchen.

Steps to Comply with the California Homemade Food Act

To operate legally under the California Homemade Food Act, individuals must follow specific steps:

• Obtain a Cottage Food Operator Permit: This involves completing an application and possibly attending a food safety course.
• Understand Local Regulations: Check with local health departments for any additional requirements or permits needed.
• Maintain Proper Records: Keep track of sales and inventory to ensure compliance with the sales cap and other regulations.

Eligibility Criteria for Cottage Food Operations

Eligibility to operate under the California Homemade Food Act includes several criteria:

• Residency: The individual must reside in California and operate the business from their home.
• Food Safety Knowledge: Operators should have a basic understanding of food safety practices, often demonstrated through a food safety course.
• Compliance with Local Laws: Ensure adherence to any local ordinances that may affect cottage food operations.

Penalties for Non-Compliance

Failure to comply with the California Homemade Food Act can result in various penalties. These may include:

• Fines: Individuals may face monetary fines for operating without the necessary permits or for selling prohibited food items.
• Cease and Desist Orders: Local health authorities may issue orders to stop operations until compliance is achieved.
• Legal Action: Continued non-compliance may lead to further legal repercussions, including potential lawsuits.

How to Obtain a Cottage Food Operator Permit

Obtaining a Cottage Food Operator Permit involves several steps:

• Complete the Application: Fill out the required application form available through the California Department of Public Health.
• Food Safety Course: Attend a food safety course if required, ensuring you understand safe food handling practices.
• Submit Documentation: Provide any necessary documentation, including proof of residency and compliance with local regulations.