If you’ve always wanted to test the commercial market and see if anyone would buy your homemade granola or your Grandma’s cinnamon cookies, now you can…and do it legally. You can cook at home and do not need to rent a commercial kitchen. However, there are some low hurdles to step over and then you can be ready for your first steps to food business success!

In January, 2013 the California Homemade Food Act was signed into law, making it legal for people to sell “low-risk foods” produced in their home kitchens. A food entrepreneur who wants to qualify as a Cottage Food Operation must meet a few criteria:

• Produce foods on the approved list,
• Have gross sales this year of $35,000 or less (by 2015 this will go up to $50,000),
• Complete a food processor training course, and
• Have product labels that meet state and federal requirements.

There are more details of course. Note the two categories of cottage food operation:

• Class A operations can only sell directly to the consumer (which can include at community events, farmers’ markets and through CSA subscriptions) and can register with a self-certification compliance checklist.
• Class B operations must be inspected to receive their permit but can then sell to restaurants, retail food stores and food trucks.

Before this legislation became law, you needed to use a commercial kitchen or food processing facility (such as Eclectic Cookery) to legally sell your food product (or join a kitchen incubator, like La Cocina). For many entrepreneurs who are just starting out, testing their food business ideas by renting a commercial facility is cost prohibitive. Now there is a way to start small at home legally.

The success of the now-closed Underground Market in San Francisco is a clear sign of how many people will be able to benefit from this new law and also how many people want artisanal food. With a pick-up in the economy, there should be more customers for a good product… if it is sold effectively and meets the considerations of the target market. It is a great time for micro businesses and home-based entrepreneurs to really test their products, their ability to do the work and their commitment to be small business owners. There’s a lot of new energy out there to support small food businesses and new policies like this Homemade Food Act to stimulate the growth of the industry.

To learn more about the California Homemade Food Act and how to obtain a cottage food operation permit, go to the San Francisco Department of Public Health and the California Department of Public Health websites.