Calfornia Cottage Food Operations Law?

Redswing

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May 30, 2013
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Northern California
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Has anyone out there been successful running a coffee roasting business under Calfornia's 7 month old "Cottage Food Operation" law (food manufacturing from home)? I've learned that the local zoning laws take precedence over the state law. In my town, I am appealing an initial denial of a home occupation business permit.

How about using your roaster in your kitchen? Or have you had trouble with internet sales? Are customers concerned about labeling (12 pt. font "made in a home kitchen")?

Just curious to hear if anyone has had any positive experience with the CFO law.

here's the link to the law:
Cottage Food
 

roybwilliams

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Feb 22, 2013
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Redswing,

The state law is administered through and permitted by the County Health Department, but the local zoning laws do have to be followed. I had to get approval from the City Planning department before the County would issue the permit (I am still waiting to get the permit issued). I had a little trouble with the City Planning department giving approval to roast coffee because the Home Occupation rules restrict those uses that produce any external physical effect such as odor. Luckily, I was able to convince them that my roaster had a smoke suppression system and I could get affidavits from my neighbors, if necessary, stating that no excessive smoke or odor was detectable outside of my house.

I am applying for an CFO A permit so I don't need to get an inspection of my kitchen (not unless they get a complaint), but I was going to temporarily set up my operation in my kitchen, if need be. The law says it has to take place inside your house, can't be in the garage or on the patio or outbuildings, etc., but it does say cooking must take place in the kitchen (I don't know if that applies to roasting coffee or not, since it is not an edible product).

The CFO law does say that you can sell over the internet, but you cannot ship the product via the mail, UPS, etc., you have to deliver the product in person (or in the case of a CFO B permit you can sell to a third party, but they must deliver it directly to the consumer). The state law (AB1616) was actually silent on this, but the Dept. of Health interpretted that way. Further, the County Health department has decided that the law is only applicable within the jurisdiction in which it was issued, so you can't sell outside the county in which you are permitted
.

After all of that I'm not overly concerned with the label issue, I'm embracing the homemade aspect. Good luck with your venture.


 
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roybwilliams

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Feb 22, 2013
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I got mine and have been roasting in my home for about 2 and a half years now. It depends on the city you live in and their individual Home Occupation rules. I had to prove that the roasting did not produce too much smoke and bother the neighbors.
 
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