What You Can Sell as a Home Food Seller in California

Important — How California Works

California Uses an Approved List Model

Unlike most states that simply prohibit certain foods, California takes the opposite approach: you may only sell foods that appear on the California Department of Public Health (CDPH) Approved Cottage Foods List. If a product isn't on that list, it isn't allowed — even if it's shelf-stable and low-risk. The CDPH updates the list periodically and sellers can petition to add new products. Always verify your specific product at cdph.ca.gov before you start selling.

Product Status Guide

Open, Restricted & Prohibited Foods

Every food category is classified into one of three tiers. Open means clearly allowed under the approved list. Restricted means allowed with specific conditions. Prohibited means not permitted under any cottage food registration — a commercial kitchen license is required instead.

✅ Open 14 categories

Baked Goods (unfilled)

Breads, cookies, muffins, scones, tortillas, brownies, waffles, churros — no cream, custard, or meat fillings

Candy & Confections

Brittle, toffee, fudge, caramels, hard candy, marshmallows, nut galls, cotton candy

Chocolate-Covered Shelf-Stable Items

Chocolate-covered nuts, pretzels, dried fruit — must be non-perishable items

Dried Fruit

All varieties — no added refrigerated ingredients

Dried Pasta

All varieties of dry, uncooked pasta

Dry Baking Mixes

Pancake mix, cookie mix, muffin mix, bread mix, and similar shelf-stable blends

Fruit Pies & Empanadas

Fruit filling only — no custard, cream, or pumpkin pie (requires refrigeration)

Granola, Cereal & Trail Mix

All shelf-stable varieties; no added dairy or perishable items

Honey & Sweet Sorghum Syrup

Pure honey only — no additional ingredients added

Dried Herbs & Herb Blends

Dried only — fresh herbs require refrigeration and are not permitted

Roasted Nuts & Nut Mixes

Roasted or pasteurized nuts only — raw unprocessed nuts not allowed

Popcorn

Including flavored popcorn with shelf-stable coatings

Roasted Coffee

Whole bean or ground; no added dairy, milk, or refrigerated ingredients

Waffle Cones & Pizzelles

Unfilled only; filled waffle cones with perishable fillings are not allowed

⚠️ Restricted 4 categories

Jams, Jellies & Preserves

Must comply exactly with 21 CFR Part 150 standards of identity. Only fruits listed in the CFR are allowed. No added low-acid vegetables (e.g., peppers). No deviation from standard formulas.

Fruit Butters

Must meet 21 CFR Part 150 definition. Only permitted fruits. No added low-acid ingredients that alter the pH or formula.

Cakes with Frostings

Buttercream and fondant: allowed. Cream cheese frosting, fresh fruit toppings, or custard fillings: prohibited. Custom cakes allowed within these rules.

Vanilla & Alcohol-Based Extracts

Allowed when used as an ingredient in approved baked goods. Sale of extracts as a standalone product: verify current CDPH approved list — status requires confirmation. [VERIFY]

🚫 Prohibited 12 categories

Pickles & Pickled Vegetables

Acidified food — requires FDA-registered commercial facility and process authority approval

Hot Sauce & Acidified Salsas

Acidified food category — prohibited under cottage food; requires licensed commercial kitchen

Chutneys & Acidified Condiments

Not on CDPH approved list; pH-controlled foods require commercial facility

Fermented Foods

Kimchi, sauerkraut, water kefir, and other fermented products — not on approved list [VERIFY with CDPH]

Cream & Custard Fillings

Any baked good containing custard, cream, cream cheese filling, or fresh fruit filling requires refrigeration — prohibited

Meat & Poultry Products

Requires USDA-inspected facility — not permitted under any home kitchen exemption

Dairy Products

Raw milk, cheese, butter, yogurt — all require licensed dairy facility

Fresh-Pressed Juices

Requires pasteurization or FDA process controls — commercial kitchen required

Refrigerated Items (Any)

Any product that requires refrigeration to prevent bacterial growth — categorically prohibited

Pressure-Canned Low-Acid Foods

Includes canned vegetables, stews, soups — botulism risk; requires licensed facility

Pepper Jelly

Peppers are low-acid and not listed in 21 CFR 150 — explicitly prohibited even when made with jam base

CBD & THC Edibles

Regulated separately by California's cannabis program — requires state cannabis retailer license, not cottage food

Why These Restrictions Exist

Understanding California's Approved List System

California's restrictions aren't arbitrary — they're rooted in food science. The core concept is non-potentially hazardous food, or non-TCS food (food that requires no Temperature Control for Safety). Regulators classify foods as cottage-food-eligible based on two measurable properties:

Water Activity (Aw)

≤ 0.85

Low water activity starves bacteria of moisture needed to multiply. Dry cookies, granola, and candy score well here.

pH (Acidity)

< 4.6

Acidic environments inhibit most harmful bacteria. Jams and fruit butters qualify — but only when made to exact federal standards.

Brix (Sugar Level)

65°+

High sugar content in jams and preserves binds free water, suppressing microbial growth — another safety mechanism.

The Approved List vs. a Prohibited List

Most states use an exclusion model: everything is allowed unless specifically prohibited. California flips this. Only products on the CDPH Approved Cottage Foods List are permitted — and the list is intentionally conservative. This means a product that's legal in Texas or Virginia under cottage food law may be prohibited in California, simply because it hasn't been formally added to the approved list.

The good news: the CDPH list can be expanded. If you make a product you believe is non-potentially hazardous but isn't on the list, you can submit a petition to [email protected]. CDPH reviews petitions and posts any changes 30 days before they take effect.

What Happens with Acidified Foods?

Pickles, hot sauce, salsa, and chutneys fall into a category called acidified foods — products where an acid (vinegar, citric acid, lemon juice) is added to lower pH to a "safe" level. While this sounds straightforward, improper acidification creates conditions for Clostridium botulinum, the bacterium behind botulism. California requires acidified food producers to use a licensed commercial kitchen, have their process validated by a Process Authority (a certified food scientist), and in many cases register with the FDA. These requirements exist regardless of sales volume or how experienced the seller is.

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What You Can Sell in California