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California Health and Safety Code Section 114365.2

Legal Research Home > California Laws > Health and Safety Code > California Health and Safety Code Section 114365.2

114365.2.  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.

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Last modified: March 17, 2014