Which laws apply

• Cottage food law
• Microenterprise home kitchen (MEHKO)

Allowed foods

Cottage food — Allowed: only foods on CDPH's Approved Cottage Food List (shelf-stable, non-potentially hazardous): baked goods without cream, custard, or meat fillings, candy, churros, tortillas, dried fruit and pasta, dry baking mixes, granola/cereals/trail mix, jams, jellies, preserves, fruit butter, honey, nut mixes and nut butters, popcorn, roasted coffee, dried tea, vinegar, mustard, and similar items. Not allowed: anything potentially hazardous that requires refrigeration or time/temperature control — meat, dairy, cream/custard-filled pastries, cut produce, and similar items. MEHKO — Allowed: hot or cold meals prepared, cooked, and served the same day (dine-in, customer pickup, or delivery by the operator). Not allowed: any process requiring a HACCP plan, raw milk or raw-milk products, raw oysters, production/manufacturing of milk products (cheese, ice cream, yogurt, butter, sour cream), catering operations, or wholesale/retail (indirect) sale.

Sales caps

Cottage food: Class A $75,000 / Class B $150,000 in verifiable gross annual sales, adjusted annually for inflation based on the California Consumer Price Index (HSC 113758; CDPH publishes the adjusted limits). MEHKO: $100,000 in verifiable gross annual sales, adjusted annually for inflation based on the California Consumer Price Index (HSC 113825), with food preparation limited to 30 meals per day and 90 meals per week. No scheduled statutory changes beyond the annual CPI adjustment.

Permit steps

1. Class A cottage food: register with your county environmental health department with a self-certification checklist; complete Cottage Food Operator Training within 3 months; not subject to routine inspections (complaint-based only).
2. Class B cottage food: apply for a permit from your county environmental health department; initial inspection plus annual inspections; same training requirement.
3. MEHKO (opt-in counties only): submit a permit application plus written standard operating procedures (food types, prep methods, cleaning schedules, temperature controls) to the county environmental health agency; pass an initial inspection; the operator must pass an approved accredited food-safety certification exam; any other food workers need food-handler cards.
4. MEHKO inspections are limited to: one routine inspection per 12 months (noticed, at a mutually agreeable time), investigation inspections on just cause, and emergency inspections. The permit is nontransferable and must be displayed onsite.
5. Fees are set by each county and may not exceed reasonable administrative costs; e.g., Los Angeles County's MEHKO application review fee is $597 plus an annual permit fee (LA offered a one-time application-fee subsidy through June 30, 2026). CDPH charges no fees — it does not register or permit CFOs.

How to start in California

1. Pick your path: packaged shelf-stable goods = cottage food (available statewide); hot same-day meals = MEHKO (only where your county has opted in). 2. Cottage food: confirm your product is on CDPH's Approved Cottage Food List. 3. Contact your county environmental health department for the Class A registration or Class B permit application and fee schedule. 4. Complete the Cottage Food Operator Training within 3 months of registration/permitting (MEHKO operators instead pass an accredited food-safety manager certification; other food workers need food-handler cards). 5. Design compliant labels: 'Made in a Home Kitchen' in 12-point type, the product's common name, your operation's name and city/state/ZIP, your registration/permit number, ingredients in descending order, net quantity in English and metric units, and a plain-language allergen declaration. 6. MEHKO: submit written standard operating procedures, pass the initial home-kitchen inspection, and display your permit onsite while operating. 7. Sell through allowed channels only: cottage food direct (Class A) or direct plus retail/restaurant (Class B); MEHKOs sell direct to consumers only — dine-in, pickup, or your own delivery, never wholesale. 8. Stay under your annual sales cap and keep verifiable sales records.

Recent changes

2023 (context for current caps): AB 1325 (Chapter 101, Statutes of 2023; urgency, effective July 21, 2023) raised the MEHKO gross-sales cap from $50,000 to $100,000 (CPI-adjusted), raised the weekly meal limit from 60 to 90, and defined 'meal.' 2024: Los Angeles County opted in (ordinance adopted May 14, 2024; permitting began Nov. 1, 2024); Contra Costa County authorized a MEHKO pilot program; Santa Clara County began issuing MEHKO permits. 2025: no cottage-food or MEHKO statute changes; both programs' caps adjust annually for inflation based on the California CPI. 2026: SB 1447, the Health Omnibus (Chapter 238, Statutes of 2026; signed Sept. 14, 2026; effective Jan. 1, 2027) makes technical amendments to HSC 114367.1 (the MEHKO exemptions section) and related retail-food sections — no change to caps, meal limits, or the county opt-in structure. Pending: AB 1679 (local pop-up small business program; enrolled and on the governor's desk as of Sept. 29, 2026) would require cities and counties to allow 120-day temporary commercial activations, with food uses limited to limited-food-preparation or temporary-food-facility standards; it does not directly amend cottage-food or MEHKO law.

Official sources

• CDPH — Cottage Food Operations
• CDPH — Microenterprise Home Kitchen Operations (MEHKO)
• CDPH — General Permit Requirements for MEHKO
• Legislature — HSC Chapter 11.6 (MEHKO statutes 114367–114367.6)
• Legislature — AB 1325 (2023) bill history
• Legislature — SB 1447 (2026) bill history
• LA County DPH — MEHKO program