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File Number: 13-228 <br />In the revised State of California Health and Safety Code Section 113758, a Cottage Food <br />Operation is defined as a home-based enterprise where low-risk food products are prepared <br />or packaged for sale and consumption to consumers. (A “private home” is any dwelling , <br />including apartment or other leased space where individuals reside.) <br />Examples of food categories allowed in Cottage Food Operations are: <br />·baked goods (without cream, custard or meat fillings); <br />·candy, such as brittle and toffee ; <br />·chocolate-covered nuts or dried fruit; <br />·dried fruit; <br />·dry baking mixes; <br />·fruit pies, fruit empanadas and fruit tamales; <br />·granola, cereals, and trail mixes; <br />·honey and sweet sorghum (molasses) syrup; <br />·certain jams, jellies, preserves and fruit butters; <br />·nut mixes and nut butters; <br />·popcorn; <br />·vinegar and mustard; <br />·roasted coffee and dried tea ; and <br />·waffle cones and pizzelles . <br />The Health and Safety Code also defines two types of Cottage Food Operations: Class A, <br />which allows for direct sales to consumers, both at home or in open markets such as a <br />farmers’ market; and Class B, which allows for both direct sales as well as indirect sales, such <br />as through a market or other third-party. <br />Staff proposes to add a new definition to the Zoning Code , Article 3 Definitions, for Cottage <br />Food Operations. The definition refers back to the State of California Health and Safety Code, <br />to allow for any refinement in the parameters of food types to conform to current State law on <br />the subject, as follows: <br />1-304 Cottage Food Operation. A home-based food enterprise that is operated <br />by a resident, and that has not more than one full-time equivalent cottage food <br />employee, not including an immediate family member or household member of <br />the cottage food operator, within the registered or permitted area of a private <br />home where the cottage food operator resides and where cottage food products <br />are prepared or packaged for direct and/or indirect sale to consumers pursuant <br />to this part. A cottage food operation includes both “Class A” and “Class B” <br />cottage food operations, as defined in section 113758 of the Health and Safety <br />Code. Cottage food operations are regulated under section 4-1688 of the San <br />Leandro Zoning Code. <br />County health departments regulate and issue licenses to home-based kitchens for Cottage <br />Food Operations. The Alameda County Environmental Health Department’s permitting <br />process includes the prohibition of food preparation with children or pets in the kitchen. The <br />permit also limits the types of products allowed on the list outlined above. The law allows one <br />Page 3 City of San Leandro Printed on 5/14/2013