San Diego Cottage Food Laws Compliance Checklist

California State Cottage Food Exemptions & Licensing Requirements

California law allows certain non-potentially hazardous foods to be produced in a home kitchen without a license under the Domestic Kitchen Operation (DKO) exemption, codified in California Health & Safety Code §114357. Approved products include jams, jellies, dried herbs, granola, roasted coffee beans, and non-potentially hazardous baked goods. However, San Diego County Department of Environmental Health & Quality (DEHQ) requires you to register with the state before selling, even for exempt products. You must obtain a permit from the state's Department of Tax and Fee Administration (CDTFA) and keep detailed records of ingredients, production dates, and sales. Potentially hazardous foods—including canned goods, meat products, cheese, and sauces with butter or cream—require a licensed commercial kitchen and are not eligible for home production.

San Diego County Local Inspection & Compliance Standards

San Diego County DEHQ conducts inspections of home-based food operations to verify compliance with state and local codes. Inspectors verify that your home kitchen meets basic sanitation standards: three-compartment sink setup for washing/rinsing/sanitizing, separate storage areas for food and non-food items, pest control measures, and hand-washing facilities. The county requires you to obtain written approval before you begin operations, even for exempt products—this is a critical step many operators miss. Labels must include your business name, address, ingredient list, net weight, date produced, and a disclaimer that the product was made in a home kitchen (required by state law). Inspectors also verify that you're only producing approved products and that cross-contamination risks are minimized.

Common Violations & Best Practices to Avoid Cease-and-Desist Orders

The most frequent violation in San Diego is operating without written county approval or a registered DKO permit before selling—this can trigger immediate cessation orders. Second, producing potentially hazardous foods in a home kitchen (like salsa, nut butters with oil, or canned tomatoes below pH 4.6) violates state law regardless of sales volume. Third, inadequate labeling or failure to disclose the product was made in a home kitchen triggers FDA and state warnings. Fourth, commingling exempt and non-exempt products or using ingredients not listed in your approved recipe creates liability. To stay compliant: register with CDTFA and obtain county written approval before your first sale, maintain detailed batch records with dates and ingredient sources, use only pre-approved recipes, apply compliant labels to every unit, and request a pre-production inspection from San Diego DEHQ to catch issues before they become violations. Many operators successfully use Panko Alerts to monitor food recalls affecting their ingredient suppliers, reducing contamination risks.

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