How to Sell Food From Home in California (2026 Guide)
California is one of the best states in the country for selling food from home. Between the cottage food laws and the Homemade Food Act, you've got more legal options than almost anywhere else. But here's the thing — the rules are split across multiple laws, two different permit classes, and a separate program for cooked meals. It gets confusing fast. We've helped hundreds of California home cooks navigate this, and this guide breaks down everything you actually need to know. No legal jargon, no filler — just what it takes to go from cooking in your kitchen to getting paid for it legally.
If you're looking for a general overview that covers all 50 states, check out our complete guide to selling food from home. This article is California-specific — the laws, the permits, the caps, and the exact steps to get started.
1. California Cottage Food Law Overview (AB 1616 & AB 1240)
California's cottage food law has been around since 2013, when AB 1616 first made it legal to sell certain homemade foods directly to consumers. Before that? Technically illegal — even selling cookies at a bake sale was a gray area. AB 1616 changed everything by creating a legal framework for home-based food businesses, but it was pretty restrictive. You could only sell directly to people (think farmers markets and your front door), and the revenue cap was $50,000 a year.
Then AB 1240 came along in 2021 and gave the whole system a major upgrade. The big changes: it raised the revenue cap for direct sellers to $75,000 per year, and it created a new category — Class B — that lets you sell to stores and restaurants with a cap of $150,000 per year. It also expanded the list of approved foods and made online sales explicitly legal.
Here's what you need to understand at a high level: California's cottage food law covers shelf-stable, non-perishable foods only. We're talking baked goods, jams, granola, dried fruits — things that don't need a fridge. If you want to sell cooked meals, that's a different law entirely (AB 626, which we'll cover in section 6).
The cottage food program is managed at the county level, meaning your local county environmental health department handles registration. The state sets the rules, but your county enforces them. Some counties are more familiar with the process than others — Los Angeles, San Diego, and Sacramento counties see hundreds of applications each year. Smaller rural counties might take a bit longer to process, but they follow the same state guidelines.
2. Class A vs Class B Permits — Which Do You Need?
This is where most people get tripped up, so let's make it simple.
| Feature | Class A | Class B |
|---|---|---|
| Who you can sell to | Direct to consumers only | Consumers + stores + restaurants |
| Revenue cap | $75,000/year | $150,000/year |
| Where you can sell | Farmers markets, home, online | All of Class A + retail stores, restaurants |
| Registration | Self-certification (no health dept.) | County registration required |
| Kitchen inspection | Not required | May be required by county |
| Food safety course | Recommended but not required | Required in most counties |
Class A is the easiest entry point. You fill out a self-certification form, and you're good to go. No health department visit, no permit fee, no waiting period. You can sell your baked goods at the local farmers market, take orders online, or sell right from your doorstep. The $75,000 annual cap is generous — that's over $6,000 a month in sales, which is a solid full-time income for a home baker.
Class B is for people who want to go bigger. Maybe you want to supply cookies to a local coffee shop, or get your granola on the shelves at a neighborhood grocery store. Class B lets you do all of that, plus everything Class A allows. The tradeoff is more paperwork — you need to register with your county environmental health department, and some counties will inspect your kitchen. The $150,000 cap gives you real room to grow.
Our recommendation: If you're just starting out, go Class A. You can always upgrade to Class B later. Most home food sellers we work with start with Class A, build a customer base through direct sales, and then consider Class B once they have wholesale interest from local businesses.
3. What You Can and Can't Sell
California's cottage food law is specific about what counts as an approved product. The key requirement: it has to be shelf-stable — meaning it doesn't need refrigeration to be safe.
What you CAN sell:
- Baked goods: Bread, cookies, brownies, muffins, biscotti, cakes and cupcakes (no cream, custard, or meat fillings)
- Jams and preserves: Fruit jams, jellies, and fruit butter with proper sugar content
- Dried fruits and vegetables: Dehydrated fruit, veggie chips, fruit leather
- Honey: Raw or processed, from your own hives or purchased in bulk
- Granola and trail mix: Cereal mixes, granola bars, nut mixes
- Roasted nuts and seeds: Flavored or plain, roasted coffee beans
- Candy and confections: Toffee, brittle, chocolate-covered items (no cream centers)
- Popcorn: Flavored, caramel, kettle corn
- Dried herbs, spice mixes, and tea blends
- Nut butters: Peanut butter, almond butter (added by AB 1240)
What you CANNOT sell under cottage food:
- Anything requiring refrigeration: Cheesecake, cream-filled pastries, custards
- Raw or cooked meat and fish: No jerky, no smoked salmon, no tamales with meat
- Dairy products: No yogurt, cheese, or milk-based drinks
- Fermented foods: No kombucha, kimchi, or sauerkraut
- Canned low-acid foods: No canned vegetables, salsas, or sauces (botulism risk)
- Beverages: No juices, smoothies, or any drinks
If the food you want to sell isn't on the approved list — especially if it's a cooked meal with meat or dairy — don't worry. That's what AB 626 is for, and we cover it in section 6 below.
4. Income Limits and Revenue Caps
Let's talk money. California's cottage food revenue caps are based on gross sales — that's your total revenue before expenses, not your profit. Here's what that looks like in practice:
Revenue Caps at a Glance
- Class A: $75,000/year gross sales ($6,250/month)
- Class B: $150,000/year gross sales ($12,500/month)
- AB 626 (MEHKO): No state-imposed cap (county limits may apply)
To put that in perspective: if you're selling cookies at $3 each, the Class A cap means you can sell about 25,000 cookies a year — roughly 480 cookies per week. If you're selling custom cakes at $50-$80 each, that's 1,000-1,500 cakes a year. For most home bakers, the $75K cap is more than enough.
The important thing: you need to keep records. California requires cottage food operators to maintain detailed sales records for at least three years. This includes receipts, invoices, and a running total of your annual sales. If you exceed the cap, you'll need to either stop selling for the year, upgrade to Class B, or transition to a commercial kitchen with the proper permits.
Also worth noting — these caps are per person, not per household. If two people in the same home each register separate cottage food operations (with different products), they each get their own cap. Though in practice, sharing a kitchen makes this tricky with inspections and labeling.
5. Labeling Requirements
California takes labeling seriously, and for good reason — it protects both you and your customers. Every cottage food product you sell must have a label with the following information:
- "Made in a Home Kitchen" — This exact phrase, clearly visible
- Your cottage food operation name — This can be your business name or your personal name
- Your home address — Yes, your actual home address (some sellers use a registered agent or PO Box for Class B, but check your county's rules)
- Complete ingredients list — Listed in descending order by weight, just like commercial products
- Allergen warnings — Must identify any of the major allergens: wheat, dairy, eggs, soy, tree nuts, peanuts, fish, shellfish, and sesame
- Date produced — The date you actually made the product
- The disclaimer: "This product was produced in a home kitchen and is not inspected by the Department of Public Health or a local environmental health department"
You can print labels at home — there's no requirement for professional printing. Many sellers use Avery labels and a home printer, or a label maker. Some invest $100-$200 in custom labels from an online print shop once they have consistent branding. The key is legibility: the text needs to be readable. Don't use tiny font on a decorative label where nobody can actually read the ingredients.
Pro tip: Create a label template for each product so you can batch-print them. Update the production date each time. This saves a ton of time when you're making dozens of items for a farmers market.
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6. California's Homemade Food Act (AB 626)
This is the big one — and it's what makes California truly unique. AB 626, the Homemade Food Act, was signed into law in 2018 and it goes way beyond cottage food. While cottage food limits you to shelf-stable items, AB 626 lets you sell fully cooked meals from your home kitchen — including dishes with meat, dairy, seafood, and anything else you'd serve at a restaurant.
Think jerk chicken plates, enchiladas with real cheese, birria tacos, soul food dinners, curry with rice — the kind of food people actually want to buy. This is the law that turned Instagram plate sellers from a gray-area hustle into a legitimate business. And it's what most Chefry sellers in California operate under.
Here's how AB 626 works:
- Permit type: MEHKO (Microenterprise Home Kitchen Operation) permit, issued by your county
- Food safety certification: You need to pass a food handler course or food safety manager certification
- Kitchen inspection: Annual inspection by your county environmental health department
- Meal limits: Up to 30 meals per day, 60 meals per week (set by your county)
- Revenue: No state-imposed cap, though counties may set their own limits
- Sales channels: Direct to consumers — delivery, pickup, online orders
The catch? Not every county in California has opted into AB 626. As of 2026, counties including Riverside, San Bernardino, Lake, Solano, and several others have active MEHKO programs. Los Angeles County, the biggest market in the state, does offer the program. Check with your county environmental health department to see if they participate.
The MEHKO permit typically costs $200-$500 depending on the county, and the annual inspection is usually included. Compare that to the $50,000+ it costs to open a restaurant — it's an incredible deal. You get to cook the food you love, sell it to people who want it, and build a real business. All from your own kitchen.
Cottage food vs. AB 626 — which should you choose? If you want to sell baked goods, jams, or snacks, cottage food is simpler and cheaper to start. If you want to sell cooked meals — the kind of food that builds a weekly customer base — AB 626 is the way to go. Some sellers actually do both: they have a cottage food registration for their baked goods and a MEHKO permit for their cooked meals.
7. How to Register as a Cottage Food Operation
The registration process depends on which class you're going for. Here's the step-by-step for each:
Class A Registration (Self-Certification)
- Complete a food processor course — Take a free or low-cost food safety course. Several are available online through your county. It's not technically required for Class A, but it's strongly recommended and some counties ask for it.
- Fill out the self-certification checklist — Download the form from your county's environmental health website. It covers your kitchen setup, water source, waste disposal, and the foods you plan to sell.
- Submit to your county — Most counties accept the form online or by mail. There's no fee.
- Get a business license — Check with your city to see if you need a home-based business license. Some cities require it ($50-$150/year), others don't.
- Start selling — Once your self-certification is submitted, you can start selling immediately in most counties. No waiting for approval.
Class B Registration
- Complete a food processor course — Required for Class B in most counties.
- Apply with your county environmental health department — Fill out the Class B application, which is more detailed than the Class A self-certification.
- Schedule a kitchen inspection — Some counties require an initial inspection. They're checking for basic sanitation: clean surfaces, proper handwashing setup, no pets in the kitchen during food prep, proper food storage.
- Pay registration fees — Fees vary by county. Some are free, others charge $100-$300.
- Receive your registration — Processing time varies from a few days to a few weeks depending on the county.
- Get a business license and seller's permit — Required if you're selling to retailers who need invoices.
AB 626 MEHKO Permit
- Verify your county participates — Contact your county environmental health department or check their website.
- Get food safety certified — Pass a food safety manager certification (like ServSafe) or food handler card at minimum.
- Submit your MEHKO application — Include your menu, kitchen layout, and food preparation procedures.
- Pass a kitchen inspection — An inspector will visit your home kitchen. Standards are higher than cottage food — they're checking temperatures, food handling practices, and sanitation protocols.
- Pay the permit fee — Usually $200-$500 annually depending on the county.
- Start selling cooked meals — You're now legally allowed to sell prepared foods including meat, dairy, and perishable items.
8. How Chefry Helps California Food Sellers
Getting your permit is step one. Building a business is the real work. That's where Chefry comes in. We built our platform specifically for home food sellers — not restaurants, not food trucks — people cooking out of their home kitchen.
Here's what you get:
- Your own online storefront: A professional page with your menu, photos, pricing, and ordering. No building a website from scratch. Customers can browse your menu and place orders directly. Check out our food selling features.
- Payment processing: Stop chasing people on Zelle and Venmo. Chefry handles payments — customers pay when they order, and you get paid automatically. No awkward "hey, did you send that payment?" texts.
- Order management: See all your orders in one place. Manage your capacity so you don't get overwhelmed. Set cutoff times for ordering.
- Customer discovery: When people search for home food sellers in your area, your Chefry profile shows up. You get customers you wouldn't have found otherwise.
- Meal prep tools: If you're running a meal prep business, Chefry lets you set weekly menus, manage subscriptions, and handle recurring orders.
- Marketing support: We promote sellers through our marketplace, social channels, and local SEO — so you can focus on cooking instead of marketing.
The best part: there are no monthly fees. You only pay when you get paid. Most sellers set up their Chefry profile in under 30 minutes and start getting orders within the first week.
Frequently Asked Questions
Do I need a permit to sell food from home in California?
It depends on what you're selling. For cottage food products (baked goods, jams, granola, etc.), a Class A operation only requires self-certification — no permit from the health department. Class B requires county registration. If you want to sell cooked meals with meat or dairy, you'll need a MEHKO permit under AB 626, which involves a food safety certification and kitchen inspection.
What's the difference between cottage food and AB 626?
Cottage food (AB 1616/AB 1240) covers shelf-stable items like baked goods, jams, and granola. Revenue caps are $75K (Class A) and $150K (Class B). AB 626 (Homemade Food Act) lets you sell cooked meals — including meat, dairy, and perishable foods — but requires a MEHKO permit, food safety certification, and annual kitchen inspections. Think of cottage food as "bake sale plus," and AB 626 as "home restaurant."
How much can I earn selling food from home in California?
Under cottage food law, Class A caps at $75,000/year and Class B at $150,000/year in gross sales. AB 626 (MEHKO) has no state-imposed revenue cap, though individual counties may set limits. On Chefry, California home food sellers typically earn $500-$5,000/month depending on volume, menu variety, and consistency. Top sellers with weekly menus and loyal customers regularly hit $3K-$5K/month.
Can I sell food on Instagram in California?
Yes — California explicitly allows online and social media sales for both cottage food operations and AB 626 MEHKO sellers. You can take orders through Instagram, Facebook, or any website. Many sellers use Instagram for marketing and photos, then direct customers to their Chefry storefront for ordering and payments. This keeps things organized and professional.
Do I need insurance to sell food from home?
California does not legally require liability insurance for cottage food operations. However, it's strongly recommended. A basic product liability policy costs $300-$500 per year and protects you if a customer has an allergic reaction or claims illness from your food. Some farmers markets and retail stores require proof of insurance before they'll let you sell. It's a small price for peace of mind.
Can I sell food from an apartment in California?
Yes. California's cottage food law and AB 626 do not require you to own your home — apartments and rentals qualify. However, check your lease agreement first. Some landlords prohibit commercial activity on the premises, and violating your lease could lead to eviction. For AB 626 MEHKO operations, some counties require written permission from your landlord. Talk to your property manager before you start.