San Joaquin Municipal Code Ch. 156 Cottage Food Operations

The general purpose of this chapter is to comply with California State Law Assembly Bill 1616 (AB 1616) which allows individuals to prepare and/or package certain nonpotentially hazardous foods in private home kitchens, referred to as cottage food operations, and sell directly to the public on- and off-site. The intent of this chapter is to provide a permitting process to allow cottage food operations to comply with AB 1616, while protecting the integrity and character of existing residential neighborhoods.

(Ord. 2016-101, passed 4-12-2016)

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CLASS A COTTAGE FOOD OPERATION. A cottage food operation that may engage only in "direct sales" of cottage food products from the cottage food operation or other direct sale venues.

CLASS B COTTAGE FOOD OPERATION. A cottage food operation that may engage in both "direct sales" and "indirect sales" of cottage food products from the cottage food operation, from direct sales venues, from off-site events, or from a third-party retail food facility.

COTTAGE FOOD EMPLOYEE. An individual, paid or volunteer, who is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator.

COTTAGE FOOD OPERATION. An enterprise that is operated by a cottage food operator in a private home, classified as Class "A" or "B," and has not more than one full time employee, not including a family member or household member(s) of the cottage food operator, where cottage food products are prepared or packaged for direct or indirect sale to customers.

COTTAGE FOOD OPERATOR. An individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation.

COTTAGE FOOD PRODUCTS. Non-potentially hazardous foods that are prepared for sale in the kitchen of an approved cottage food operation. Foods containing cream, custard or meat fillings are potentially hazardous and are not allowed.

DIRECT SALES. A transaction between a cottage food operation operator and a consumer, where the consumer purchases cottage food products made by 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, certified farmer's markets, and transactions occurring in person at the private home where the cottage food operation conducts business.

INDIRECT SALES. An interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third-party retailer. INDIRECT SALES include, but are not limited to, sales made to retail shops or to retail food facilities where food may be consumed on the premises.

PRIVATE HOME. A dwelling, including an apartment or other leased space, where individuals primarily reside.

REGISTERED OR PERMITTED AREA. The portion of a private home that contains the private home's kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and one additional room within the home that is used exclusively for storage.

(Ord. 2016-101, passed 4-12-2016)

(A) An application to operate a cottage food operation shall be submitted on forms provided by the city's Planning Division. Upon submittal, the City Manager may require additional information to show full compliance with this chapter and other regulations of the city. The application shall include the following information:

(1) Name and address of the applicant, who must be the proposed cottage food operator in his or her private residence and is the owner of the cottage food operation. (See Cal. Health and Safety Code § 113758(b)(2));

(2) Statement of whether the applicant is the owner or a tenant of the property on which the use is proposed; and if a tenant, the name and contact information for the property owner, landlord, or management company; as well as the signature of the property owner, landlord, or management company consenting to the application;

(3) Copy of the permit issued by, or application submitted to, the Fresno County Department of Environmental Health Food Safety Division for the proposed cottage food operation;

(4) Description of whether the proposed use will include the involvement of: (i) a family member or household member of the cottage food operator; (ii) a paid or volunteer individual involved with the cottage food projects who works for the cottage food operation (see Cal. Gov’t Code § 113758);

(5) Statement of whether the proposed use will involve: (i) direct sales to customers of cottage food products at the property; (ii) direct sales to customers off-site; (iii) direct sales at temporary off-site events such as holiday bazaars, bake sales, food swaps, farm stands, etc.; (iv) indirect sales to third party retailers at the property; (v) indirect sales to third party retailers off-site; and (vi) any other mode(s) or location(s) of sales;

(6) Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a permit;

(7) An accurate scale drawing of the residence showing: (i) areas registered and permitted by, or areas shown on the application submitted to the Fresno County Department of Environmental Health Food Safety Division for cottage food preparation, packaging and related exclusive storage; (ii) all doors and exits; and (iii) all vehicle parking spaces;

(8) An accurate scale drawing of the site showing property lines, existing streets, structures, driveways, pedestrian walks, and on- and off-site parking and loading areas; and

(9) The City Manager or his or her designee may require additional information necessary to determine whether the proposed use will comply with the applicable provisions of this chapter. He or she may also authorize omission of any of the plans and drawings required for this section if they are not necessary.

(10) Applicant has the right to request a fee verification for any fee paid pursuant to this chapter. (See Cal. Gov’t Code § 51035.)

(B) When the cottage food operator is not the owner of the residence where the business will be conducted, the property owner's written authorization shall be submitted with the application for a cottage food operation.

(C) After submittal of a completed application, the City Manager or his or her designee may approve the application, subject to the provisions of this chapter. If the application does not comply with the minimum provisions, the City Manager or his or her designee may approve the application in modified form to comply with the provisions of this chapter, or deny the application.

(D) Approvals granted to operate a cottage food operation may be revoked by the city at any time if such use is found to be in non-compliance with provisions of this chapter. A notice shall be provided to the cottage food operator which will include a reasonable opportunity to be heard.

(Ord. 2016-101, passed 4-12-2016)