California cottage food laws: Class A or Class B, and how to sell online
Updated October 20, 2026
California lets you make foods from the state's Approved Cottage Food List in your home kitchen and sell them once your county environmental health department registers you (Class A) or permits you (Class B). For 2026, a Class A operation may gross up to US$88,878 a year selling directly to consumers, and a Class B operation up to US$177,756, including sales through shops and restaurants. Orders taken by phone or online count as direct sales and can be handed over in person, sent by mail, or carried by a third-party delivery service, anywhere in California.
In short
- Your county, not the state, signs you up. CDPH keeps the food list; your local environmental health department registers or permits you.
- Class A = direct sales only. Class B = direct and indirect sales (through permitted shops, cafes and restaurants).
- Training within three months of registration or permitting.
- Online orders are direct sales, and California allows mail and third-party delivery to fulfill them, within the state.
- Renew every year. One county's registration or permit covers sales throughout California.
California cottage food rules at a glance (October 2026)
| Rule | What California requires |
|---|---|
| Law | California Homemade Food Act, in the California Retail Food Code (Health and Safety Code §113758 and §114365 onward), amended by AB 1144 from January 1, 2022 |
| Who signs you up | Your county or city environmental health department (the "local enforcement agency"). CDPH does not register or permit operations |
| Class A | Registration plus a self-certification checklist. Direct sales only |
| Class B | Permit from the local enforcement agency, with no more than one routine inspection a year. Direct and indirect sales |
| 2026 sales limit | Class A US$88,878; Class B US$177,756 gross a year (adjusted each January 1 by the California CPI) |
| Training | A cottage food operator training course within three months of registering or getting the permit |
| Staff | No more than one full-time-equivalent employee, not counting family or household members |
| Foods | Only foods on CDPH's Approved Cottage Food List (non-potentially hazardous foods) |
| Online and phone orders | Count as direct sales |
| Delivery | In person, by mail, or by any third-party delivery service, within California |
| Renewal | Every year. One county's registration or permit is valid statewide |
| Label statement | "Made in a Home Kitchen" in 12-point type on the front panel |
This is general information, not legal advice. Fees and forms are set by each county, so check with yours before you start.
Should you register as Class A or Class B?
| Class A | Class B | |
|---|---|---|
| How you sign up | Register and self-certify | Get a permit |
| Checks | A self-certification checklist approved by the county | A county permit, with no more than one routine inspection a year |
| Who you sell to | Consumers only (events, farmers' markets, farm stands, CSA boxes, your home, phone and online orders) | Consumers, plus permitted retailers such as shops, cafes and restaurants |
| 2026 limit | US$88,878 | US$177,756 |
If you only sell to the people who eat your food, including through your own website, Class A is enough. Choose Class B if a coffee shop wants to stock your cookies or a restaurant wants to serve your bread. When a permitted food facility serves your product unpackaged, or uses it as an ingredient, it must tell its customers the food was made in a home kitchen.
Which foods are on the Approved Cottage Food List?
California works from an allowed list, not an excluded list. The CDPH list (last reviewed April 2026) includes:
- Baked goods without cream, custard or meat fillings: breads, bagels, cookies, cakes, cupcakes, brownies, churros, donuts, tortillas, fruit pies (not pumpkin), and fruit-only empanadas, samosas and tamales.
- Candy and confections: chocolate, fudge, toffee, brittles, caramels, cotton candy, freeze-dried candy and chocolate-covered nonperishables.
- Frostings without eggs, cream or cream cheese: buttercream made with butter, fondant, flat icing and sugar glazes count. Frostings made with meringue powder or pasteurized eggs are allowed.
- Jams, jellies, preserves and fruit butters that meet the federal standard in 21 CFR Part 150.
- Dried foods: granola, baking mixes, pasta, roasted coffee, tea, spice rubs and trail mixes.
- Others: roasted nuts and nut butters, pure honey, powdered drink mixes, vinegars, plain mustards and certain alcohol-based extracts.
Anything that needs refrigeration, such as cheesecake, cream pies or cream cheese frosting, isn't on the list. In October 2026 CDPH posted a notice to add chocolate and nut spread, with the new list due on or about November 16, 2026.
Can you sell cottage food online and ship it in California?
Yes. California treats a sale made "via the phone, internet, and any other digital method" as a direct sale (Health and Safety Code §113758, as summarized by CDPH). You can fulfill it in person, by mail, or with any third-party delivery service. Two limits apply:
- The sale must happen within California. Direct and indirect sales are both defined as transactions within the state, so don't ship to other states.
- Your county registration or permit number must be on the label, so the buyer can see who made the food.
This is the main difference from Texas, where online orders must be delivered in person by you, an employee or a household member.
What goes on a California cottage food label?
From CDPH's labeling requirements (rev. January 2025):
- The product's common or descriptive name on the front panel.
- Your operation's name, city and ZIP code (add a street address if you aren't listed in a current phone directory).
- "Made in a Home Kitchen" (or "Repackaged in a Home Kitchen") in 12-point type on the front panel.
- Your registration or permit number and the name of the county that issued it.
- Ingredients in descending order by weight.
- Net quantity in both US units and metric (for example, Net Wt. 3 oz (85 g)).
- The major food allergens, in a "Contains" statement or in the ingredient list.
A Nutrition Facts panel is generally not needed unless you make a nutrient or health claim such as "low sugar". Labels must be legible, in English, and on food-grade packaging. Build them with the food label maker.
Worked example: a Class A pan dulce baker in Los Angeles County
Prices are illustrative, as of October 2026. A home baker sells boxes of conchas and other pan dulce by pickup, and lets customers send their own courier.
| Item | Amount |
|---|---|
| Price per box of 8 | US$28.00 |
| Orders a month | 60 |
| Sales a year (60 × 12 × US$28) | US$20,160 |
| Class A limit for 2026 | US$88,878 |
| Headroom | US$68,718 |
| Menuthere plan | Lite, US$17 a month: 60 orders a month is over the Free plan's 50, and Lite adds pre-orders and card payments |
| Stripe fee per US$28 order (2.9% + 30¢) | about US$1.11 |
| Menuthere commission | US$0.00 |
At this pace she uses under a quarter of the Class A limit. If a local cafe asks to sell her conchas, she needs a Class B permit before supplying it. Price each box in US dollars with the menu price calculator.
How to set up a Menuthere ordering page for California rules
- Add each product with its allergens ticked (allergens and nutrition, every plan), and put "Made in a Home Kitchen" and your county permit or registration number in the description.
- Choose your order types in
Settings → Ordering → Order types(order types). Pickup and your own local delivery both fit a Class A operation. - Let customers send their own courier if you'd rather not drive: switch on the customer's own courier in Delivery settings. California allows third-party delivery for direct sales.
- Set a delivery radius that keeps your own deliveries manageable (delivery radius).
- Take orders for a set day with pre-orders on Lite, mark cakes as dishes that need notice, and connect Stripe to take cards.
Menuthere doesn't check California law for you; you choose the products and options. Ask the California Department of Tax and Fee Administration whether your products are taxable, and see our guide to sales tax on restaurant food.
Other states
Texas needs no permit but bans mail order, New York registers home processors with the state, and Washington issues a state permit after an inspection. Compare them all on the cottage food laws hub.
FAQs
What is the California cottage food sales limit for 2026?
US$88,878 in gross annual sales for a Class A operation and US$177,756 for a Class B operation, effective January 1, 2026. The limits started at US$75,000 and US$150,000 in 2022 and rise each year with the California Consumer Price Index.
What is the difference between Class A and Class B in California?
A Class A operation registers with the county and sells only directly to consumers. A Class B operation gets a county permit, can have one routine inspection a year, and can also sell through permitted shops, cafes and restaurants.
Can I ship cottage food in California?
Yes, within California. Direct and indirect sales may be fulfilled in person, by mail or by a third-party delivery service, but both are defined as transactions within the state.
Can I sell cream cheese frosting or cheesecake under California cottage food law?
No. Frostings with cream or cream cheese and foods that need refrigeration aren't on CDPH's Approved Cottage Food List. Buttercream made with butter, fondant and frostings made with meringue powder or pasteurized eggs are allowed.
How much does a California cottage food permit cost?
Each county sets its own fee, and the amounts differ for Class A registration and Class B permits. Ask your county environmental health department, which handles both and renews them every year.
Can I take California cottage food orders through Menuthere?
Yes. A free Menuthere ordering page takes up to 50 orders a month with 0% commission, and Lite (US$17 a month) adds pre-orders and card payments through your own Stripe account. California allows pickup, your own delivery, mail and third-party couriers for direct sales within the state.
Sources (8)
- California Department of Public Health, Cottage Food Operations (Class A and Class B, phone/internet sales as direct sales, fulfillment in person, by mail or third-party delivery, training within three months, county registration): cdph.ca.gov/Programs/CEH/DFDCS/Pages/FDBPrograms/FoodSafetyProgram/CottageFoodOperations.aspx (accessed 20 Oct 2026)
- California Department of Public Health, Cottage Food Operation Requirements (self-certification checklist, direct and indirect sale definitions "within the state", operational requirements): cdph.ca.gov/Programs/CEH/DFDCS/Pages/FDBPrograms/FoodSafetyProgram/CFORequirements.aspx (accessed 20 Oct 2026)
- California Department of Public Health, Cottage Food Operation Adjusted Gross Annual Sales Limit (2026 table: US$88,878 / US$177,756; §113758 text including one full-time-equivalent employee): cdph.ca.gov/Programs/CEH/DFDCS/CDPH%20Document%20Library/FDB/FoodSafetyProgram/CottageFood/CFOAdjustedGrossAnnualSalesLimit2026.pdf (accessed 20 Oct 2026)
- California Department of Public Health, AB 1144 Fact Sheet (statewide sales, one inspection a year for Class B, annual renewal, one county's registration valid statewide, effective January 1, 2022): cdph.ca.gov/Programs/CEH/DFDCS/CDPH%20Document%20Library/FDB/FoodSafetyProgram/CottageFood/AB1144Facts.pdf (accessed 20 Oct 2026)
- California Department of Public Health, Approved Cottage Foods List (last reviewed April 2026): cdph.ca.gov/Programs/CEH/DFDCS/CDPH%20Document%20Library/FDB/FoodSafetyProgram/CottageFood/ApprovedCottageFoodsList.pdf (accessed 20 Oct 2026)
- California Department of Public Health, Labeling Requirements for Cottage Food Products (Rev. 1/2025): cdph.ca.gov/Programs/CEH/DFDCS/CDPH%20Document%20Library/FDB/FoodSafetyProgram/CottageFood/CFLabelingReq.pdf (accessed 20 Oct 2026)
- California Department of Public Health, Notice to Amend the Approved Cottage Food List (chocolate and nut spread; new list on or about November 16, 2026): cdph.ca.gov/Programs/CEH/DFDCS/CDPH%20Document%20Library/FDB/FoodSafetyProgram/CottageFood/CFONoticeAmend.pdf (accessed 20 Oct 2026)
- Stripe, US card pricing 2.9% + 30¢ per successful domestic card transaction (stripe.com geo-redirects to India from our location; figure taken from Stripe's US support pages): stripe.com/pricing (accessed 20 Oct 2026)