Is food vending allowed at the holiday light display?
Yes. The California State Cottage Food Operations Law allows certain low-risk foods to be made at home and sold directly to consumers. All County and City permits, approvals, and requirements will need to be met in order to sell cottage food items. This includes obtaining a County Health permit, Home Occupation Permit, and a Business License.
What food can I sell out of my home?
The California Department of Public Health maintains the list of approved cottage foods and items are regularly added or deleted. The current list of permitted Cottage Foods may be obtained at www.CDPH.ca.gov.
What other restrictions are there for selling cottage food items from my home?
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RCMC 17.92.030 (D) allows for the sale of cottage food products between the hours of 8:00 a.m. and 8:00 p.m.
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RCMC 17.92.020 (E) Visitors and customers. Not more than five customers or clients per day shall enter the dwelling for meetings, service, or products and not more than ten vehicle trips per day shall be created by customers or clients. Customers or clients must park either in the driveway of the dwelling or in front of the dwelling only. During the Thoroughbred Holiday light displays parking in front of the dwelling may not impede the flow of traffic or emergency vehicles which may in some instances necessitate parking in the driveway only.
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Food must be prepared inside a kitchen (not on the driveway or in the garage).
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Only the resident, immediate family members, and one employee can be engaged in a cottage food operation.
What if I want to sell something that is not on the list?
Any foods not covered under the California State Cottage Food law (previously listed), including pre-packaged foods as well as beverages (cocoa, coffee, cider, tea) are strictly prohibited from being sold or distributed even if free of charge. Additionally, selling retail products such as toys and holiday decorations is prohibited.
Can I allow someone else to sell their cottage food from my residential property?
No. Outside food vendors (anyone other than the resident) are not allowed to sell cottage food items from a home where they do not reside.
What is the penalty if I violate any of the vending laws?
The Rancho Cucamonga Police Department, Community Improvement Division, Business Licensing Division and San Bernardino County Public Health Department will be actively enforcing all state and local vending regulations. Citations are issued at $100 for first violation, $200 for second violation, and $500 for each subsequent violation. Each retail transaction is considered a violation. Repeat offenders may have their equipment and products impounded.
Am I allowed to give away food and drinks?
Homemade items which are not on the list of permitted Cottage Foods or which are not prepared in compliance with health regulations cannot be distributed, even if free of charge. This includes coffee, tea, hot chocolate, cider or other prepared beverages.
Distributing food and drinks free of charge is not considered a retail activity and therefore does not fall under the City’s food vending regulations. Residents can give away pre-packaged, store-bought (non-homemade) food and drinks for free. However, any attempts to collect donations, “tips”, or make the item conditionally free when purchasing another item would make it subject to state and local food vending regulations.
What licenses and permits do I need and what are their fees, if I want to establish a food cottage operation?
City of Rancho Cucamonga:
Business License - $27.00
Home Occupation Permit - $102.00
County of San Bernardino Department of Public Health Department:
Cottage Food Health Permit/Registration - $199.00, Class A
Where do I start?
If you are interested in cottage food operations, please call Business License Program at (909) 919-2948.