Apply for a cottage food operations permit
What to know before starting a CFO
A CFO is a person who owns and operates a cottage food operation in their private home. To start and run a CFO, you can apply for a permit.
- Get and maintain a valid CFO permit;
- We will not issue CFO permits to these entities:
- Limited liability company (LLC)
- Corporation (Inc.)
- Partnership, etc
- CFO permits are valid for one year and not transferrable. If the operator moves, a new permit is required.
As a CFO, you must meet certain requirements that include but are not limited to the following:
- Prepare foods on the cottage foods list approved by California Department of Public Health (CDPH);
- Receive approval of product labels for all cottage food products;
- Get a food handler card by completing a food processor training course: Food handler card - approved providers list
- Follow food safety measures;
- Be sure to obtain zoning approval by the local authority (Contact your city office);
- Operate within established gross annual sales limits as defined by Class A or B CFO types; (see below).
Class A | Class B | |
Direct Sales | Direct sales only to the end user in the state. | Direct sales to the end user in the state. |
Indirect sales | Not allowed |
|
Gross annual sales | Limited to $75,000 Subject to annual adjustment based on Consumer Price Index after 2022 | Limited to $150,000 Subject to annual adjustment based on Consumer Price Index after 2022. For Current maximum annual sales amounts, visit the CFO program page on the state website, www.cdph.ca.gov. |
Home inspections | No routine home inspections. Additional fees may apply for inspections conducted in response to a consumer complaint or food-borne illness investigation. | One routine home inspection per year. |
New operating permit application fee | $446 to be submitted with your application. | $446 to be submitted with your application. |
Annual permit to operate A 25% late penalty fee applies for permit renewals if payment is not received by permit expiration date. | $298 due at permit application approval. | $652 due at permit application approval. |
Additional fee applies if additional time is required to review revisions or resubmittals, complaint investigations, and follow-up inspections | $298 per hour | $298 per hour |
CFOs and microenterprise home kitchen operations (MEHKOs) are different from each other. A residence may only have one CFO or one MEHKO.
CFO | MEHKO | |
---|---|---|
Prepare, cook, and serve potentially hazardous foods such as meat, poultry, rice, pasta, eggs, cooked vegetables. | Not allowed | Allowed |
All food must be prepared, cooked, and served on the same day. | Not required | Required |
More differences - and similarities - between CFOs and MEHKOs
Apply for a CFO permit
The CFO permit allows cottage food operators to make and sell approved cottage foods from their home kitchen. Follow these steps to apply for a cottage food operation permit:
- Submit the CFO Permit application packet, including all supporting documentation and payment of the applicable CFO Permit fee to the department.
Qualified veterans can complete the Affidavit for a Veteran’s Permit Fee Exemption.
We will reject incomplete applications so be sure to double-check your application package. - Submit your application package to us by:
Mail:
In-person at our office: 1555 Berger Dr. San Jose, CA 95112; or by email at [email protected] - Once we receive your application, we will send you an invoice for the application fee. Follow the payment instructions in the invoice and pay the application fee.
- Once we receive your application fee payment, we will review your application within 20 business days. Applications requiring revisions may be subject to additional fees. Fees are not refundable or transferable.
- If we approve your CFO permit application, we will send you an invoice for the permit fee. Follow the instructions in the invoice and pay the permit fee. Once we receive your fee payment, we will issue you a permit.
Advertisements, claims and sales
Apply these rules to your CFO product claims, and sales.
Advertisements
Include the following in your websites, social media, newspapers, newsletters, and other channels:
- The county of approval
- Permit number
- A statement that the food is “Made in a home kitchen” or “Repackaged in a home kitchen,” as applicable.
Product claims
These rules apply to both the CFO products and their ingredients.
- Gluten-free claims for your CFO products and ingredients are not allowed. Usage of "gluten-free" and similar terms is regulated by FDA and not allowed for CFOs, even if you use ingredients that claim to be gluten-free.
- If you identify your product or any ingredients as organic, you must register with the California Department of Food and Agriculture. For more about CDFA's State Organic Program, consult these CDFA resources:
Sales and delivery
- To sell at locations other than your home, you need to secure additional permits. Get permits to sell at community events and certified farmers' market.
- Cottage food products may be delivered to customers in person or through a third-party delivery service. Transactions and deliveries are limited to the state.