SD Food Info - Cottage Food Operations

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• 1a. Self-Certification Checklist Submitted - Minor

  Example of a minor violation includes the lack of a submitted self-certification checklist.
  

  Requirements:
  

  A “Class A” cottage food operation shall have submitted a completed self-certification checklist approved by the local enforcement agency. (114365)

• 1b. Food Processor Course Complete - Minor

  Example of a minor violation includes the lack of approved food handler certification for all employees of the cottage food operation.
  

  Requirements:
  

  “Class A” and “Class B” cottage food operations must complete a food processor course approved by the department within three months of becoming registered/permitted. (114365.2)

• 2a. No Ill Employees or Workers - Major

  The intent of the Employee Health requirements is to reduce the likelihood of foodborne disease transmission by preventing any food employee who is suffering from symptoms associated with an acute gastrointestinal illness or known to be infected with a communicable disease that is transmissible through food, from engaging in the handling of food until the food employee is determined to be free of that illness or disease, or incapable of transmitting the illness or disease through food.
  

  Examples of major violations include when the Person-In-Charge (PIC) has not reported, restricted, or excluded food employees as required; when the food employee is found working with exposed food, clean equipment or utensils when diagnosed with an illness or symptoms of an acute gastrointestinal illness; or when the food employee is found working with an exposed lesion, wound, cuts, sores or rashes without an impermeable cover.

  Requirements:

  Employees with a communicable disease shall be excluded from the food facility/preparation of food. (114365.2) Gloves shall be worn if an employee has cuts, wounds, and/or rashes. (113973)

• 2b. No Smoking in CFO - Minor

  Example of a minor violation includes an employee smoking within the food prep area, where no contamination of the food or food contact surfaces has occurred. 
  

  Requirements:
  

  No employee shall smoke in any work area of a cottage food operation. (114365)

• 2c. Employees Shall Not Contaminate Food - Major

  Examples of major violations include a food employee has contaminated food (intentionally or unintentionally), food contact surfaces, or utensils.
  

  Requirements:
  

  No employee shall commit any act that may contaminate or adulterate food, food contact surfaces, or utensils. (113967) 

• 3a. Hand Washing Station Stocked and Available - Minor

  Examples of minor violations include an obstructed and inaccessible handwashing sink.
  

  Requirements:
  

  Hands must be washed with warm water, soap, and then dried with a clean single use towel. (113953.3)

• 3a. Hand Washing Station Stocked and Available - Major

  Examples of major violations include the lack of any available handwashing facilities.
  

  Requirements:
  

  Hands must be washed with warm water, soap, and then dried with a clean single use towel.  (113953.3)

• 3b. Hands Washed Prior to Food Preparation - Major

  Examples of major violations include a food employee that is found not washing hands and exposed portions of arms as required or the improper use of hand sanitizer.
  

  Requirements:
  

  Hands must be washed prior to food preparation. Employees are required to wash their hands: before beginning work; before handling food/equipment/utensils; as often as necessary during food preparation to remove soil and contamination; when switching from working with raw to ready to eat foods; after touching body parts; after using the toilet room; or any time when contamination may occur. (113953.3) 

• 3c. Proper Glove Use - Major

  Examples of major violations include a food employee that is found to be using gloves improperly. 
  

  Requirements:
  

  Hands shall be washed prior to glove use. Gloves shall be worn if the employee has cuts, sores, rashes, artificial nails or nail polish, uncleanable orthopedic devices or fingernails that are not clean, smooth or trimmed. (113973)

• 4. Food Prepared from Approved Food List Only - Minor

  Examples of minor violations include food being prepared that is not on the approved list and is a non-potentially hazardous food item.
  

  Requirements:
  

  Food prepared and sold by a cottage food operation must be nonpotentially hazardous and shall include, but not be limited to, the following: baked goods without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas; candy, such as brittle and toffee; chocolate-covered nonperishable foods such as nuts and dried fruit; dried fruit; dried pasta; dry baking mixes; fruit pies, fruit empanadas, and fruit tamales; granola, cereals, and trail mixes; herb blends and dried mole paste; honey and sweet sorghum syrup; jams, jellies, preserves, and fruit butter that comply with the standard described in part 150 of title 21 of the code of federal regulations; nut mixes and nut butters; popcorn; vinegar and mustard; roasted coffee and dried tea; waffle cones and pizelles. (114365.5)

• 4. Food Prepared from Approved Food List Only - Major

  Examples of major violations include food being prepared that is not on the approved list and is a potentially hazardous food item.
  

  Requirements:
  

  Food prepared and sold by a cottage food operation must be nonpotentially hazardous and shall include, but not be limited to, the following: baked goods without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas; candy, such as brittle and toffee; chocolate-covered nonperishable foods such as nuts and dried fruit; dried fruit; dried pasta; dry baking mixes; fruit pies, fruit empanadas, and fruit tamales; granola, cereals, and trail mixes; herb blends and dried mole paste; honey and sweet sorghum syrup; jams, jellies, preserves, and fruit butter that comply with the standard described in part 150 of title 21 of the code of federal regulations; nut mixes and nut butters; popcorn; vinegar and mustard; roasted coffee and dried tea; waffle cones and pizelles. (114365.5)

• 5. Potable Water Source / Hot and Cold Water Available - Minor

  Examples of minor violations include lack of warm water at the hand sink, or hot water temperature between 100-120ºF at the warewashing sink.

  Requirements:

  Water used during the preparation of cottage food products must meet the potable drinking water standards for transient noncommunity water systems pursuant to the California Safe Drinking Water Act. (113869) Approved water source must be used for cleaning any equipment used for preparation, cleaning of hands, and as an ingredient. (114365.2) Adequate, protected, pressurized, potable supply of hot water and cold water shall be provided. Hot water shall be supplied at a minimum temperature of at least 120ºF measured from the faucet. (114192)

• 5. Potable Water Source / Hot and Cold Water Available - Major

  Examples of major violations include hot running water at the warewashing sink measured less than 100°F from the faucet, contaminated/unapproved water supply or no potable water is available is available.

  Requirements:

  Water used during the preparation of cottage food products must meet the potable drinking water standards for transient noncommunity water systems pursuant to the California Safe Drinking Water Act. (113869) Approved water source must be used for cleaning any equipment used for preparation, cleaning of hands, and as an ingredient. (114365.2) Adequate, protected, pressurized, potable supply of hot water and cold water shall be provided. Hot water shall be supplied at a minimum temperature of at least 120ºF measured from the faucet. (114192)

• 6a. Food Free from Contamination and Adulteration - Minor

  Examples of minor violations include failure to inspect food upon receipt or major dents on the rim or seams of cans.

  Requirements:

  All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, kept for sale, and served so as to be pure and free from adulteration and spoilage. (113980)

• 6a. Food Free from Contamination and Adulteration - Major

  Examples of major violations include food that is found to be adulterated, ice that has been used to cool the exterior surface of food is then used for human consumption, food that was received in poor condition such as cracked shell eggs or food containers infested with vermin, and the reuse of a food container that once stored poisonous or toxic substances.

  Requirements:

  All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, kept for sale, and served so as to be pure and free from adulteration and spoilage. (113980)

• 6b. Kitchen Equipment and Utensils Clean and in Good Repair - Minor

  Examples of minor violations include utensils and equipment that are poor repair or not fully operative, or utensils and equipment that are being used are not approved, installed properly, or do not meet applicable standards.

  Requirements:

  Kitchen equipment and utensils used to produce food products shall be clean, maintained, and in good repair. (114365)

• 6c. Food Contact Surfaces are Cleaned and Sanitized - Minor

  Examples of minor violations include equipment and utensils that are not currently in use and are unclean to sight and touch, or utensils used with non-potentially hazardous foods that are not cleaned at a frequency necessary to preclude accumulation of soil.

  Requirements:

  All food contact surfaces, equipment, and utensils used for the preparation, packaging, storage, or handling of food products shall be washed, rinsed, and sanitized before each use. (114365)

• 6c. Food Contact Surfaces are Cleaned and Sanitized - Major

  Examples of major violations include improper sanitization of food contact surfaces, improper warewashing machine temperature, contamination of food contact surfaces that could result in food contamination, failure to sanitize food contact surfaces between each use with a different type of raw food of animal origin and each time there is a change from working with raw foods to working with ready-to-eat foods.

  Requirements:

  All food contact surfaces, equipment, and utensils used for the preparation, packaging, storage, or handling of food products shall be washed, rinsed, and sanitized before each use. (114365)

• 6d. No Infants, Children, or Pets in Kitchen During CFO Hours - Minor

  Examples of minor violations include allowing non-food handlers into the food prep areas during active preparation of food items, conducting domestic activities in the prep areas during active food preparation, or allowing pets into the food prep areas when in use. 

  Requirements:

  No cottage food operations may be conducted concurrent with any other domestic activities. No Infants, small children, or pets may be in the home kitchen during any cottage food operations. (114365)

• 7a. Additional Storage is Available, Approved and Separate from Personal Dwelling Space - Minor

  Examples of minor violations include the lack of designated storage space, or food/equipment stored within personal living or sleeping quarters.

  Requirements:

  Rooms for cottage food operation storage must be exclusive to the operation and not used for sleeping or living quarters. (114285, 114286)

• 7b. Food Preparation Occurs in Private Kitchen of CFO - Major

  Examples of major violations include food preparation taking place outside of the designated private kitchen in other rooms of the residence, or outside of the residence.

  Requirements:

  Cottage food operations must occur within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct and/or indirect sale to consumers. (113758)

• 7c. CFO Located in Private Dwelling / Operator Residence - Major

  Examples of major violations include operating the CFO in a location other than the primary residence of the owner of the Cottage Food Operation.

  Requirements:

  Cottage food operations must occur within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct and/or indirect sale to consumers. (113758)

• 8a. “Made in a Home Kitchen” on Package in 12-Point Type or Font - Minor

  Examples of minor violations include product labels missing the required wording designating where the food was made or repackaged, or if the font size of the wording is too small.

  Requirements:

  Each product must be labeled with the following: the words “made in a home kitchen” in 12-point font on the cottage food product’s primary display panel; the name commonly used for the food product or an adequately descriptive name; the name and address of the cottage food operation which produced the cottage food product; the registration or permit number of the “Class A” or “Class B” cottage food operation, respectively, which produced the cottage food product; the name of the county of the local enforcement agency that issued the permit/registration number; the ingredients of the cottage food product in descending order of predominance by weight if the product contains two or more ingredients; a declaration of any major allergens present in the cottage food product; the net weight of the product listed in ounces (oz) and grams (g). (114365.2)

• 8b. Common Name of Food Product on Package - Minor

  Examples of minor violations include product labels either missing the common name of the food product (ex. chocolate chip cookies) or naming the product with a name other than the common name.

  Requirements:

  Each product must be labeled with the following: the words “made in a home kitchen” in 12-point font on the cottage food product’s primary display panel; the name commonly used for the food product or an adequately descriptive name; the name and address of the cottage food operation which produced the cottage food product; the registration or permit number of the “Class A” or “Class B” cottage food operation, respectively, which produced the cottage food product; the name of the county of the local enforcement agency that issued the permit/registration number; the ingredients of the cottage food product in descending order of predominance by weight if the product contains two or more ingredients; a declaration of any major allergens present in the cottage food product; the net weight of the product listed in ounces (oz) and grams (g). (114365.2)

• 8c. Name of CFO on Package - Minor

  Examples of minor violations include product labels either missing the CFO name on the package, or providing a name that does not match the permitted name of the CFO.

  Requirements:

  Each product must be labeled with the following: the words “made in a home kitchen” in 12-point font on the cottage food product’s primary display panel; the name commonly used for the food product or an adequately descriptive name; the name and address of the cottage food operation which produced the cottage food product; the registration or permit number of the “Class A” or “Class B” cottage food operation, respectively, which produced the cottage food product; the name of the county of the local enforcement agency that issued the permit/registration number; the ingredients of the cottage food product in descending order of predominance by weight if the product contains two or more ingredients; a declaration of any major allergens present in the cottage food product; the net weight of the product listed in ounces (oz) and grams (g). (114365.2)

• 8d. Ingredients Listed on Package - Minor

  Examples of minor violations include product labels either missing the list of ingredients, missing the sub ingredients of one of the ingredients, or listing ingredients that are not in the product. 

  Requirements:

  Each product must be labeled with the following: the words “made in a home kitchen” in 12-point font on the cottage food product’s primary display panel; the name commonly used for the food product or an adequately descriptive name; the name and address of the cottage food operation which produced the cottage food product; the registration or permit number of the “Class A” or “Class B” cottage food operation, respectively, which produced the cottage food product; the name of the county of the local enforcement agency that issued the permit/registration number; the ingredients of the cottage food product in descending order of predominance by weight if the product contains two or more ingredients; a declaration of any major allergens present in the cottage food product; the net weight of the product listed in ounces (oz) and grams (g). (114365.2)

• 8e. Registration or Permit Number on Package - Minor

  Examples of minor violations include product labels either missing the registration/permit number, listing the incorrect registration/permit number, or providing a registration/permit number that is incomplete.

  Requirements:

  Each product must be labeled with the following: the words “made in a home kitchen” in 12-point font on the cottage food product’s primary display panel; the name commonly used for the food product or an adequately descriptive name; the name and address of the cottage food operation which produced the cottage food product; the registration or permit number of the “Class A” or “Class B” cottage food operation, respectively, which produced the cottage food product; the name of the county of the local enforcement agency that issued the permit/registration number; the ingredients of the cottage food product in descending order of predominance by weight if the product contains two or more ingredients; a declaration of any major allergens present in the cottage food product; the net weight of the product listed in ounces (oz) and grams (g). (114365.2)

• 9. No Rodents, Insects or Animals within CFO - Minor

  Examples of minor violations include non-disease carrying insects present in the facility, the presence of active infestation by rodents or disease carrying vectors in a non-preparation area; non-service animals allowed in a food facility.

  Requirements:

  Cottage food operations shall be kept free of vermin: rodents (rats, mice), cockroaches, flies. (114259.5)

• 9. No Rodents, Insects or Animals within CFO - Major

  Examples of major violations include the presence of active infestation by rodents or vectors that are disease carriers that would likely result in the contamination of food contact surfaces or adulteration of foods and will warrant an immediate closure.

  Requirements:

  Cottage food operations shall be kept free of vermin: rodents (rats, mice), cockroaches, flies. (114259.5)

• 10. CFO Operating without a Valid Permit or Registration - Major

  Examples of major violations include a CFO operating in any capacity without first obtaining the appropriate registration/permit for their type of CFO operation.

  Requirements:

  Cottage food operations shall not be open for business without a valid permit or registration as it pertains to their classification; Class A or Class B. (114365)

• 11. Approved Number of Employees - Major

  Examples of major violations include operating a CFO with more than the allowable number of employees.

  Requirements:

  Cottage food operations may not have more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator. (113758)

• 12a. Approved Direct Sales to Consumers - Major

  Examples of major violations include conducting direct sales in a location that is not the residence where the CFO is located or is not at an approved offsite location.

  Requirements:

  Direct sale means a transaction within the state between a cottage food operation operator and a consumer, in which 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, and transactions made via the phone, internet, or any other digital method. A direct sale may be fulfilled in person, via mail delivery, or using any other third-party delivery service. (113758, 114365)

• 12b. Approved Indirect Sales within the State - Major

  Examples of a major violation includes conducting indirect sales through a facility that does not hold the required health permit for the retail sale of food.

  Requirements:

  Indirect sale means an interaction between a cottage food operation, a third-party retailer, and a consumer, in which, 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. An indirect sale may be fulfilled in person, via mail delivery, or using any other third-party delivery service. (113758, 114365)

• 12c. Complies with Other Local Agency Requirements - Major

  Examples of a major violation includes earning more than the maximum gross sales limit, operating under a permit that lists a different address than the address used as the primary residence of the cottage food operator, not maintaining a permit onsite at the point of sale of the cottage food product, or operating with an imminent health hazard.

  Requirements:

  A “class a” cottage food operation shall not have more than seventy-five thousand dollars ($75,000) in verifiable gross annual sales. A “class b” cottage food operation shall not have more than one hundred fifty thousand dollars ($150,000) in verifiable gross annual sales. The gross annual sales for a “class a” or “class b” cottage food operation shall be annually adjusted for inflation based on the California consumer price index. (113758)

  A registration or permit, once issued, is nontransferable. A registration or permit shall be valid only for the person, location, type of food sales, and distribution activity specified by that registration or permit, and, unless suspended or revoked for cause, for the time period indicated. The registration or permit or an accurate copy thereof shall be retained by the operator onsite at the time of either direct or indirect cottage food sale. (114365)

  If an imminent health hazard is found, an enforcement officer may temporarily suspend registration/permit and order the cottage food operation immediately closed. (114405, 114407, 114409, 114411, 114413)