1. CALIFORNIA MUNICIPAL REVENUE & TAX ASSOCIATION February 22, 2013 Rebecca Ng, R.E.H.S Deputy Director Marin County Environmental Health Services California Homemade Food Act COTTAGE FOOD

2. Cottage Food comes to CA AB 1616 Assemblyman Gatto Promote small business opportunities for entrepreneurs. Promote local, community-based food.

3. Definitions Cottage food operation: An enterprise within the permitted or registered area of a private home where the CF operator resides.

4. Definitions Registered or permitted area: The portion of the home that contains the kitchen and attached rooms within the home used exclusively for storage. Food Facility does not include…a private home, including a cottage food operation that is registered or has a permit.

5. A permitted use of residential property. Nondiscretionary permit with local requirements. Use permit with local requirements. Planning Permits

6. Key Provisions Only nonpotentially hazardous foods per CDPH list. Approved Label – “Made in a Home Kitchen” Product Name; Producer; Address; Ingredients; Permit or registration number

7. Cottage Food Operations Class A Direct sales Registration Self-certification and BMPs Not subject to routine inspection Inspection for complaints Class B Direct & Indirect sales Permit Annual inspections Inspection for complaints Sales limited to county of origin unless approved by another county

8. CDPH List of non-potentially hazardous foods Baked goods without cream, custard, or meat fillings (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, granola, cereals, trail mixes. Fruit pies, fruit empanadas, fruit tamales. Herb blends and dried mole paste. Jams, jellies, preserves, fruit butter. Honey and sweet sorghum syrup. Nut mixes and nut butters. Vinegar and mustard. Popcorn, waffle cones and pizelles. Roasted coffee and dried tea.

9. MADE IN A HOME KITCHEN Registration number: xxxxxxx County of Marin Chocolate Chip Cookies Net Weight 4 oz. Joe’s Cookies 123 Pastry Lane Cookieville, CA 94101 Ingredients: Enriched flour (Wheat flour, niacin, reduced iron, thiamine, mononitrate, riboflavin and folic acid), butter (milk, salt), Soy lecithin (as an emulsifier), walnuts, sugar, eggs, salt, artificial vanilla extract, baking soda Contains wheat, eggs, milk, soy, nuts

10. Gross Annual Sales Limits 2013 $35,000 2014 $45,000 2015 $50,000

11. Self-Certification Standards No other domestic activities No infants or pets in the kitchen Food prep and storage areas free of vermin

12. Self-Certification Standards Kitchen equipment and utensils maintained in good repair Food contact surfaces washed, rinsed, and sanitized No smoking in kitchen

13. Health Standards Employee health Handwashing Potable water Food Handler Training Food identified as “homemade”

14. Concerns Lack of inspection & oversight. Abuses of: gross annual sales limits; types of food produced; “approved food sources”. CFOs may go undetected as sources of FB illness. Delays in identifying/locating CFOs and ingredient sources. Difficult to trace back and trace forward.

15. More Information Marin County Environmental Health Services 3501 Civic Center Drive, Room 236 San Rafael, CA 94903 (415) 473-6907 Website: http://www.co.marin.ca.us/depts/CD/main/comdev/ ehs/index.cfm http://www.co.marin.ca.us/depts/CD/main/comdev/ ehs/index.cfm

18. NOTE slide 5 Planning Requirements 1. Classify as a permitted use of residential property. 2. Grant a nondiscretionary permit with reasonable local requirements concerning spacing and concentration, traffic control, parking, and noise control. 3. Require a use permit prescribing reasonable standards concerning spacing and concentration, traffic control, parking, and noise control.

19. NOTE slide 12 Health Standards Employee health – no person with a contagious disease Handwashing before food preparation Potable water for washing equipment, washing of hands, and when used as an ingredient Food Handler Training Consumer advised of “homemade” when without packaging or labeling (sec. 114088)