California Cottage Food Act Introduced In State Assembly

Decorating By jason_kraft Updated 12 Nov 2012 , 4:47am by ellavanilla

jason_kraft Posted 31 Jul 2012 , 7:33pm
post #91 of 145
Quote:
Originally Posted by ATCakes

Jason I was reading the amended bill and it looks like they modified the Class A and Class B definitions. If iread it correctly we can't use our home ovens to prepare baked goods? Or did I just get confused in all the legislative language?



If you are referring to 114365(a)(1)(A)(i) of the May 3rd amended bill, it says that you can't use your home kitchen for domestic activities (like making dinner or entertaining guests) at the same time you are preparing food for sale. This is a standard clause in CFLs. Also, no kids or pets in the kitchen (it doesn't restrict pets in the rest of the house) and no commercial equipment.

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1601-1650/ab_1616_bill_20120503_amended_asm_v96.html

justsweet Posted 1 Aug 2012 , 1:30am
post #92 of 145

I do have another question though after reading through the bill, it says that a Class B cottage operation shall not be open for business unless it obtains a permit from the local enforcement agency. Now, what would the permit actually be called and who would be my local enforcement agency? And, are there other hoops we may have to jump through? I really appreciate you help.

jason_kraft Posted 1 Aug 2012 , 2:53am
post #93 of 145
Quote:
Originally Posted by justsweet

I do have another question though after reading through the bill, it says that a Class B cottage operation shall not be open for business unless it obtains a permit from the local enforcement agency. Now, what would the permit actually be called and who would be my local enforcement agency? And, are there other hoops we may have to jump through? I really appreciate you help.



That's an excellent question, it's not really clear from the bill. My interpretation is that they are leaving it up to each county health dept on how they want to handle Class B operations, with the expectation that each county will create a streamlined health permit for Class B CFL businesses. But you only need to worry about this if you sell wholesale.

Note that this is in addition to the zoning permit, which is required for all CFL businesses, and compliance with HOA bylaws (if any).

Formynana Posted 1 Aug 2012 , 3:13am
post #94 of 145

I was wondering, in a nutshell because I dont get all the legal mumbo-jumbo, CAN we has homemaker/bakers still make cakes, cookies, cupcakes that will be sold at bake sales for schools, churches kids clubs without going thru a big "permit" process?? Thanks thumbs_up.gif

jason_kraft Posted 1 Aug 2012 , 3:47am
post #95 of 145
Quote:
Originally Posted by Formynana

I was wondering, in a nutshell because I dont get all the legal mumbo-jumbo, CAN we has homemaker/bakers still make cakes, cookies, cupcakes that will be sold at bake sales for schools, churches kids clubs without going thru a big "permit" process?? Thanks thumbs_up.gif



If this bill does not pass, current rules would apply, and I believe most counties do require food sold at a bake sale to be from a licensed and inspected commercial kitchen (although you can verify this with your county, some may have exceptions).

If this bill does pass, you would be able to sell food made from home at the bake sale as long as you meet the criteria of the bill. If you are selling directly to the public at the bake sale you would be Class A so no inspection required.

justsweet Posted 1 Aug 2012 , 3:43pm
post #96 of 145
Quote:
Originally Posted by jason_kraft

Quote:
Originally Posted by justsweet

I do have another question though after reading through the bill, it says that a Class B cottage operation shall not be open for business unless it obtains a permit from the local enforcement agency. Now, what would the permit actually be called and who would be my local enforcement agency? And, are there other hoops we may have to jump through? I really appreciate you help.


That's an excellent question, it's not really clear from the bill. My interpretation is that they are leaving it up to each county health dept on how they want to handle Class B operations, with the expectation that each county will create a streamlined health permit for Class B CFL businesses. But you only need to worry about this if you sell wholesale.

Note that this is in addition to the zoning permit, which is required for all CFL businesses, and compliance with HOA bylaws (if any).




Thanks Jason,

Here is a question someone asked maybe you can answer: Class B is if you are selling goods wholesale and Class A is not selling wholesale and does not require a permit. Is this correct.

jason_kraft Posted 1 Aug 2012 , 3:56pm
post #97 of 145
Quote:
Originally Posted by justsweet

Here is a question someone asked maybe you can answer: Class B is if you are selling goods wholesale and Class A is not selling wholesale and does not require a permit. Is this correct.



Correct. Class A businesses would still need a business license in most areas but would not require health inspections as long as only the approved foods are produced.

lulu07 Posted 1 Aug 2012 , 4:28pm
post #98 of 145

I'm a hobby Baker and not planning to sell but hopping this passes for others that plan to do so

ellavanilla Posted 1 Aug 2012 , 6:30pm
post #99 of 145

I am a baker in Orange county (the county with the toughest regs IMO) and I've been trying to decide to build a kitchen or throw in the towel. my business incurred some debt renting space in restaurant kitchens which were far inferior than my home kitchen. ONe, in fact, I will NEVER eat in, after seeing the kitchen conditions.

I am so excited to read this news!! It's like the answer to a prayer.

I'll be contacting my state senators today.

Jason, anything else we should do?

Jennifer

jason_kraft Posted 1 Aug 2012 , 6:57pm
post #100 of 145
Quote:
Originally Posted by ellavanilla

I am a baker in Orange county (the county with the toughest regs IMO) and I've been trying to decide to build a kitchen or throw in the towel. my business incurred some debt renting space in restaurant kitchens which were far inferior than my home kitchen. ONe, in fact, I will NEVER eat in, after seeing the kitchen conditions.



Restaurant kitchens are tough to work in, but we've had great experiences with commercial kitchen facilities that were specifically set up to rent out to small businesses. In OC there are rental options in Orange, Costa Mesa, and Laguna Niguel (I don't have experience with any of these but they might be worth checking out):
http://www.culinaryincubator.com/maps.php?state=CA

Re the CFL, it is currently in the CA Senate appropriations committee, so contacting your state senator is the best you can do right now. You can find out who that is here:
http://192.234.213.69/smapsearch/framepage.asp

You can also try contacting the senators on appropriations, but if you're not in their district you probably won't be able to reach them.
http://sapro.senate.ca.gov/

jason_kraft Posted 8 Aug 2012 , 3:04pm
post #101 of 145

The bill passed the Senate appropriations committee unanimously, next step is a Senate floor vote.

Analysis of fiscal impact of the bill here:
http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1601-1650/ab_1616_cfa_20120805_151334_sen_comm.html

ellavanilla Posted 8 Aug 2012 , 3:27pm
post #102 of 145

how exciting! thanks for the update!

Gerle Posted 8 Aug 2012 , 5:13pm
post #103 of 145

Jason, thanks for keeping everyone updated on this. I myself won't participate as I feel I'm too old at this point to even think of baking for profit, but I'm pushing for it for all the other people in CA who can benefit from this CFL. I'm hoping it will give others the opportunity to do what they enjoy while also bringing in some money to help support families in these tough economic times. The time and energy you spend in keeping us abreast of the updates is greatly appreciated.

snowboarder Posted 8 Aug 2012 , 6:53pm
post #104 of 145

The motion on 8/6, which passed, was to place it on the Appropriations suspense file. My understanding is that this is probably due to the fiscal impact being different (probably more) than they originally expected.

jason_kraft Posted 8 Aug 2012 , 7:04pm
post #105 of 145
Quote:
Originally Posted by snowboarder

The motion on 8/6, which passed, was to place it on the Appropriations suspense file. My understanding is that this is probably due to the fiscal impact being different (probably more) than they originally expected.



You're absolutely right, looks like I jumped the gun on this one. Once (if) it clears the suspense file there will be another vote to pass Appropriations and send it to the floor, but if that doesn't happen by next Friday (Aug 17) it will be pushed to next year.

It's my understanding that in order to clear the suspense file $150K-300K needs to be carved out of the General Fund to implement the bill, and given the state of the budget and the relatively low priority of this bill that might be a tall order.

Apti Posted 8 Aug 2012 , 8:18pm
post #106 of 145

Quote:
Originally Posted by jason_kraft

Once (if) it clears the suspense file there will be another vote to pass Appropriations and send it to the floor, but if that doesn't happen by next Friday (Aug 17) it will be pushed to next year.

It's my understanding that in order to clear the suspense file $150K-300K needs to be carved out of the General Fund to implement the bill, and given the state of the budget and the relatively low priority of this bill that might be a tall order.




Bummer........ icon_cry.gif

jason_kraft Posted 10 Aug 2012 , 2:44pm
post #107 of 145

An appropriations hearing has been set for next Thursday, Aug 16th (State Capitol, Room 4202) to discuss this bill. This will be the last chance for it to clear the appropriations committee this year.

Apti Posted 10 Aug 2012 , 2:47pm
post #108 of 145

Jason~~Are there any significant people to send a written, snail mail letter to at this point? (I understand that online petitions and emails do not carry as much weight as an actual, "old-fashioned" letter.)

Thanks.

jason_kraft Posted 10 Aug 2012 , 2:59pm
post #109 of 145

The fate of the bill is in the hands of the senators in the link below. It might be too late for a snail mail letter to reach them, but a phone call focusing on the financial benefits of the bill might help, especially if one of the senators on the committee represents your district.

http://sapro.senate.ca.gov/

kelleym Posted 16 Aug 2012 , 10:18pm
post #110 of 145

Senate Appropriations has passed the bill. This is great news for you guys. The SELC is now asking that you write letters to the Governor asking him to sign the bill (it is expected to pass the full Senate vote easily).

http://www.theselc.org/cottagefood/takeaction/

jason_kraft Posted 16 Aug 2012 , 10:28pm
post #111 of 145

Thanks for the update! Now hopefully there will actually be a Senate floor vote on AB1616 by Aug 31, there are a lot of bills to get through.

Apti Posted 17 Aug 2012 , 6:32am
post #112 of 145
Quote:
Originally Posted by kelleym

Senate Appropriations has passed the bill. This is great news for you guys. The SELC is now asking that you write letters to the Governor asking him to sign the bill (it is expected to pass the full Senate vote easily).

http://www.theselc.org/cottagefood/takeaction/




YIPPEE ! ! ! ! !

paulstonia Posted 29 Aug 2012 , 12:17am
post #113 of 145

Ok, don't know how many of you are following this on fb but the bill was amended again last week and should be voted on this week. But there are some enironmental health profesionals trying to disuade Governor Brown from signing the bill (quoting this from the fb page) If you haven't sent your letter to the Governor please do it now. Here is a link to help. http://www.theselc.org/​cottagefood/takeaction/

paulstonia Posted 31 Aug 2012 , 2:47am
post #114 of 145

It passed the Senate!!!! Get your letters out to the governor people!!!

paulstonia Posted 31 Aug 2012 , 5:31am
post #115 of 145

actually passed both houses, now it just needs the governor's signature!!!!

jason_kraft Posted 4 Sep 2012 , 2:52am
post #116 of 145

The latest amendments to this bill before it was passed by the Senate changed the maximum gross income to $35K in 2013, $45K in 2014, and $50K in 2015 and all subsequent years. Before the amendment the bill did not have a ramp-up period and set the limit at $50K right away.

Gov. Brown has until Sept 30th to sign this bill into law.

paulstonia Posted 4 Sep 2012 , 3:25am
post #117 of 145

Those amendments were recomended by the governor's staff, so I'm hoping that makes it more likely that he will sign it.

traci_doodle Posted 21 Sep 2012 , 7:44pm
post #118 of 145

The Governor just signed the bill! California has a Cottage Food Law!

https://www.facebook.com/pages/Sustainable-Economies-Law-Center/288721762508

cakecraving Posted 21 Sep 2012 , 8:08pm
post #119 of 145

Yay Yay Yay

jason_kraft Posted 22 Sep 2012 , 12:22am
post #120 of 145

Congrats to home bakers in California! The law goes into effect Jan 1, so if you are planning on starting a home-based business in CA you'll probably want to start getting your business plan in order now.

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