CFO Class A Operators can only sell directly to consumers.
A “Class A” COTTAGE FOOD OPERATION, which is a COTTAGE FOOD OPERATION that may engage only in direct sales of cottage FOOD products from the COTTAGE FOOD OPERATION or other direct sales venues.
“Direct sale” means a transaction within the state between a COTTAGE FOOD OPERATION operator and a CONSUMER, where the CONSUMER purchases the cottage food product directly from the COTTAGE FOOD OPERATION. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers’ markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the COTTAGE FOOD OPERATION.
CFO Class B Operators can sell directly to customers and indirectly to Permitted Retail Food Facility Operators (markets, bakeries, restaurants etc.).
A “Class B” COTTAGE FOOD OPERATION, which is a COTTAGE FOOD OPERATION that may engage in both direct sales and indirect sales of cottage FOOD products from the COTTAGE FOOD OPERATION.
"Direct sale” means a transaction within the state between a COTTAGE FOOD OPERATION operator and a CONSUMER, where the CONSUMER purchases the cottage food product directly from the COTTAGE FOOD OPERATION. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers’ markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the COTTAGE FOOD OPERATION.
“Indirect sale” means an interaction between a COTTAGE FOOD OPERATION, a third-party retailer, and a consumer, where the CONSUMER purchases cottage FOOD products made by the COTTAGE FOOD OPERATION from a third-party retailer that holds a valid permit issued pursuant to Section 114381. Indirect sales include, but are not limited to, sales made to retail shops or to RETAIL FOOD facilities where FOOD may be immediately consumed on the PREMISES.
Alameda County residents interested in becoming a Cottage Food Operator, must obtain approval from the Alameda County Department of Environmental Health and the City Planning Department.
The following documents must be submitted with the required fee for review to the Alameda County Department of Environmental Health:
- Completed CFO Registration/Permit Form
- Completed Self Certification Checklist
- Completed Permit Application
- Foodhandler Card Certificate
- Label Samples (one for each category of proposed food products)
- Proof of Business Directory Listing (if the CFO Owner chooses to list the business name instead of the Owner’s name on the label)
- Well water Testing Results (For CFO Operators whose water is supplied by a private well)
Microenterprise Home Kitchen Operations (MEHKO)
Alameda County Department of Environmental Health is not authorizing MEHKO permits at this time. Anyone who operates a retail home kitchen from their residence within Alameda County Department of Environmental Health’s jurisdiction is in violation of the California Retail Food Code. Violators are subject to closure and further enforcement actions.
Alameda County Department of Environmental Health is currently coordinating with local governing bodies of the County and its cities to determine local implementation options for AB 377. Please check back periodically as implementation and permit details are established.
Documents and Resources
- Do You Qualify As A Cottage Food Operation? CPDH Decision Tree
- California Conference Of Directors of Environmental Health (CCDEH) Cottage Food Operation Guideline
- CDPH California Homemade Food Act Frequently Asked Questions
- CDPH Approved Cottage Food List
- CFO Label Requirements
- Food and Drug Administration (FDA) Food Allergen Labeling Requirements
- California Foodhandler Card Accredited Provider List
- ACDEH CFO Registration/Permitting Form
- ACDEH CFO Self Certification Checklist
