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California Health and Safety Code Section 114365

Legal Research Home > California Laws > Health and Safety Code > California Health and Safety Code Section 114365

114365.  (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.
Section: 114365  114365.2  114365.5  114365.6  Next

Last modified: March 17, 2014