cakeman76 Posted 21 Feb 2013 , 10:34pm
post #1 of

My county is saying that I am not eligable for the California cottage food law! She states the law does not list cakes or fillings as eligable products.

 

She said pastries and breads are.

Any one else in california having this problem?

11 replies
-K8memphis Posted 21 Feb 2013 , 10:42pm
post #2 of

i can't answer your question about california in particular

 

but that each county and city in each state having it's own rules and regulation is normal

 

and from incorporated to unincorporated areas is also different

 

yes but i have noticed that distinction she's making in the language of some of the california stuff i've read

 

just depends on how 'they' will interpret everything

jason_kraft Posted 21 Feb 2013 , 10:51pm
post #3 of

AThe official CA list is here: http://www.cdph.ca.gov/programs/Documents/fdbCFOfoodslist.pdf

CA allows "Baked goods, without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas." If the person you spoke with at your county health dept does not think cakes fit this definition you'll need to escalate the issue up the chain of command.

FromScratchSF Posted 21 Feb 2013 , 10:52pm
post #4 of

What county?  This may help others here respond.

 

I'd probably call back and ask to speak to another person with better critical thinking skills.

melanie-1221 Posted 21 Feb 2013 , 11:00pm
post #5 of

I agree with calling back. Going through this now in New York.

I have chatted with 4 agents and received 4 different answers to the same question.icon_confused.gif

2 yes, 2 no...going for the tie breaker tomorrow.

Just try until you get someone who knows.

It can be quite frustrating, keep pluggin!

ellavanilla Posted 22 Feb 2013 , 12:17am
post #6 of

i received my permit last week, through orange county. "such as" does not mean that the list is comprehensive. 

-K8memphis Posted 22 Feb 2013 , 2:57am
post #7 of
Quote:
Originally Posted by ellavanilla 

i received my permit last week, through orange county. "such as" does not mean that the list is comprehensive. 

 

 

are you out in the county as opposed to being within city limits?

ellavanilla Posted 22 Feb 2013 , 6:06am
post #8 of

AYes, I deal directly with the county, as would anyone else in OC. It has some of the most restrictive food handling laws in the state. My guess is that OP is dealing with someone who is uninformed.

-K8memphis Posted 22 Feb 2013 , 1:55pm
post #9 of

you just have to follow the trail each individual person and each city and jurisdiction lays out and some of them intersect and switchback on each other

 

conflicting information is the norm

 

i would figure a lot of cities in orange county and all over ca can't wait to put thier two cents of red tape in there

 

 

Quote:

12. Does a CFO need a permit to operate?

Planning and zoning:

 

All CFO’s need to obtain approval from their local city or county planning department. The Homemade Food Act gives planning departments several options to consider, so planning department requirements may vary between jurisdictions.

Environmental Health:

 

For "Class A" CFO’s (direct sale only), registration

with the local enforcement agency and submission of a completed "self-

certification checklist " approved by the local environmental health agency. For "

 

Class B" CFO’s (either direct and indirect or indirect only), a permit from the local environmental health agency is required.

Other requirements:

 

Check on other state or local requirements that may be applicable, such as Sellers Permits through the Board of Equalization, or Business Licenses through your city or county.

 

ellavanilla Posted 22 Feb 2013 , 4:54pm

but the OP said county...

jason_kraft Posted 22 Feb 2013 , 5:08pm

AMost cities have no jurisdiction regarding food safety unless they have their own health depts. Getting approval to run a home-based business from city planning or zoning is standard operating procedure in all incorporated areas in the US, and counties have no jurisdiction over planning unless you are on unincorporated land (in which case there is no city government).

-K8memphis Posted 22 Feb 2013 , 5:26pm
Quote:
Quote:
Originally Posted by ellavanilla

but the OP said county...

 

sure--my only comment is that there are a lot of fingers in this cake  pie unfortunately

 

the cottage law itself yields to city and local ordinances which can vary as stated

 

hope it all works out--

 

it's just that when people think they won the cake lottery because the state has passed a law is premature to say the least

 

there's so much more to it

 

for an easy example--a home owners's association might get involved if the home was located in a hoa

 

custom decorated cake is not the intention behind cottage laws--

 

it's what some of us would like it to be intended for and in a lot of cases it works out that way

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