Since you are producing the goods in California, you're governed by their rules, regulations and statutes.  California is probably the most over-regulated state in the nation.  

Ohio, on the other hand, has a very friendly attitude towards home bakers, having enacted a cottage food policy which is being expanded.

Per this Texas link, a few other states have cottage food laws.

Sorry....

Hi Peter,

I am doing the same thing; looking into selling at Farmer's Markets. I live in the greater Los Angeles area and boy are there some strict guidelines for selling. You have to be "chosen" to sell at MANY of the Farmer's Markets, by THEIR organization. Whatever happened to "craftsmen" being able to sell their goods to every day people and not having to "pass muster" by a board of the "chosen few"? I feel like I'm trying to buy a co-op in NY City... It's frustrating and depressing.

One absolute essential is that you get a Food Handlers Certificate in order to sell anywhere. You also have to find a commercial kitchen that has passed inspection by the Health Dept.

What area do you live in? Maybe we can put our heads together on this..

Wendy

Here's a fun article from the WSJ on an incident in Pennsylvania.  I'd retitle it "Protect us from our protectors."

BTW, the FDA regulates all interstate sales, so in addition to state law, you'd have to comply with federal law if going the cyberspace sales route.

I like the cottage option available for some states, and see that California is indeed tight about food production.  I somewhat agree with Keith that sanitation should be controlled and monitored, but I would love to pay to have my home kitchen inspected and certified once every year or two.  But since I have a full-time job and a young child, I don't have time to rent space at a commercial kitchen.  The only way I'm able to bake so much is that I can do it at night at home, amongst my other chores.  Having to leave the house would pretty much squash any chance of this working.

I already got my food handler's certificate, though I think it's linked to the specific bakery at which I was apprenticing.  It didn't cost $400 so maybe that's something else?

Pamela--the only loophole I found for using a home kitchen is if you run a B&B.  It's buried in the CA Retail Food Code.  I may talk to a restaurant planning company to see if they know of any other loopholes.

Finally, in response to Lindy, I see a lot of people on Etsy selling baked goods and I can't imagine a single one is using a commercial kitchen and complying with state AND federal guidelines.  But saying, "They can do it," is like pointing out speeders on the highway.  Yeah, they're all breaking the law, but it doesn't mean you can do it.

-Peter

I live in the OC and would love any information on a community kitchen in this area.  Driving to LA to use the kitchen up there just won't fit into my schedule; it does look like a great place to bake. 

Robin

After reading through most of the CA Retail Food Code and checking up on business licenses and other required certificates, it looks like there's no way for anyone in California to sell bread without being a full-on commercial bakery.  Forget any type of cottage industry or even a small bakery.  Based on the costs of renting space at a community kitchen, you'd have to be working at least 20-30 hours a week on bread just to break even with the fees, not to mention the fees to get space at a farmer's market.  At that point you're better off leasing a space and trying to start a full-size commercial bakery.

I understand there are food safety concerns about people selling food made in their homes, but California has built such high regulatory walls that nobody, and I mean nobody, can sell on a small scale.  Anyone who does, or sells online, is breaking the law, at least here in the Golden State.

Sorry to be such a downer, but the law's the law, and us home bakers in California are totally out of luck.

-Peter

You could also develop a clientele among your friends and neighbors, and their friends. People will pay for homemade, high quality bread.

--Pamela

Hi Pamela,

I'd love to find a community kitchen that rents that cheap, but that may be a NorCal thing.  Down here in San Diego, we don't really have those, and the commercial kitchens are from $16-25/hr.  We don't have a commercial rental kitchen here either, though I saw an old ad for one in SD that said it didn't want bakers or caterers, and I'm wondering what the $#@&! they would allow.

I'm selling to friends, neighbors, and co-workers right now and have joked that I'm waiting for the DEH to come knocking on my door with a fine and a cease-and-desist.  Even now I'm breaking the law, but I don't want to stop baking at home.  I guess it's a moral issue.  Does anyone else here sell home-baked goods without a business license, food handler's cert, and all the other regulatory mumbo-jumbo?

Peter

And don't forget the best one;

Warning; POISON, do not eat/drink/ingest/inhale

Have we really become this "Dumbed Down"????

Wendy

There are a number of incubator kitchens poping up all over the place and you may want to check them out. You may also want to consider operating your own incubator. there is a company called NxLevel that sells a CD that will assist you in developing a shared kitchen program.

I don't know CA law, but in Iowa, the one food exception is non hazardous baked goods at a farmer's markte. Otherwise, you need a commerical kitchen.There are options out there as far as rentals go, although that is an added expense. WE've looked around a little, and it just isn't cost effective for us.Unfortunately, other things my wife would like to do to expand (sell to restaurants and such) can't be done from home.

Farmer's market policies are all over the place. Here, it is 100 bucks a year for the spot, and you get to keep all your income.

I think selling over the net would be worse, as you are basically tapping into federal regs if you cross state lines.