California Home Food Production Lawyer
California Home Food Production Lawyer Sebastian Gibson, The Right Choice in Business
When you’ve poured your blood, sweat and tears, and years of your life into building up your business, finding the right California home food production lawyer to protect it is the best way to ensure all your efforts are not in vain.
Whether you need contracts drafted, copyright or trademark protection, representation in litigation, corporate formation, restructuring or dissolution, or simply down to earth business advice, you deserve the finest in legal service.
California Home Food Production Lawyer Sebastian Gibson offers business owners with more than 40 years of representing business and corporate clients and is ready today to assist you today in your endeavors to grow and prosper without legal worries.
When you work with California Home Food Production Lawyer Sebastian Gibson, you’re working with with an attorney who has been named a Top Lawyer in the prestigious Palm Springs Life Magazine year after year, and who’s been named a “Superb” Lawyer, their highest rating, by Avvo, which rates attorneys all across the U.S. California Home Food Production Lawyer Sebastian Gibson is one of those rare attorneys with experience not only representing small and medium sized businesses in California, but a lawyer who has also represented multi-national corporations internationally as well while working in London.
A California Home Food Production Lawyer Who Can Really Cook
The California Homemade Food Act which went into effect January 1, 2013 has created a new category of food production called a cottage food operation. To qualify for a permit, aspiring food manufacturers will need to attend a food safety class, pass an exam, learn how to label foods, pay a fee and submit to inspections. They also can’t smoke or keep pets in their kitchens and certain hazardous foods are prohibited. There is also a revenue limit. If you need a California home food production lawyer to help you get started, call attorney Sebastian Gibson.
California Home Food Production Lawyer Sebastian Gibson has been recognized by Palm Springs Life Magazine as One of the Top Lawyers of 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012 and 2011. He’s been called “Brilliant” and “A Legend.” If you want a top lawyer on your side, call California Home Food Production Lawyer Sebastian Gibson. Call us today at (760) 776-1810.
If you need legal advice or contracts for e-commerce business you conduct over the internet, assistance with legal issues such as misappropriation of trade secrets, privacy rights, unfair competition, deceptive trade practices, interference with contractual relations, intentional and negligent misrepresentation, copyright, trademark and intellectual property infringement, false advertising or business fraud, we can help.
Whether you’re a multi-million dollar corporation or just starting out making food at home for sale to restaurants and grocery stores, we can provide you with non-disclosure agreements, copyright and trademark your creative works, advertising, trade designs and services, and we’ll provide you well-drafted contracts and agreements that fit your needs and help to avoid business lawsuits.
With over 40 years of experience, we specialize in drafting ironclad agreements specific to each industry we serve and we can handcraft a set of business agreements for your use and ensure they include the terms that are most important in the food manufacturing industry.
The California Homemade Food Act, Also Known As The California Cottage Food Law
The California Department of Health has now issued regulations stating what foods can be prepared at home under the California Homemade Food Act. They are only specific foods that are defined as “non-potentially hazardous” which are approved for preparation by Cottage Food Operations (CFO’s). These are foods that do not require refrigeration to keep them safe from bacterial growth that could make people sick.
• Baked goods without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas • Candy, such as brittle and toffee • Chocolate-covered nonperishable foods, such as nuts and dried fruit • Dried fruit • Dried pasta • Dry baking mixes • Fruit pies, fruit empanadas, and fruit tamales • Granola, cereals, and trail mixes • Herb blends and dried mole paste • Honey and sweet sorghum syrup • Jams, jellies, preserves, and fruit butter that comply with the standard described in Part 150 of Title 21 of the Code of Federal Regulations. • Nut mixes and nut butters • Popcorn • Vinegar and mustard • Roasted coffee and dried tea • Waffle cones and pizzelles • Cotton candy • Candied apples • Confections such as salted caramel, fudge, marshmallow bars, chocolate covered marshmallow, nuts, and hard candy, or any combination thereof. • Buttercream frosting, buttercream icing, buttercream fondant, and gum paste that do not contain eggs, cream, or cream cheese • Dried or dehydrated vegetables • Dried vegetarian-based soup mixes • Vegetable and potato chips • Ground chocolate • Seasoning salt
Cottage Food Operation Licensing Requirements
There are two classifications of Cottage Food Operations in California. “Class A” CFOs are only allowed to engage in “direct sales” of cottage food. “Class B” CFO’s may engage in both “direct sales” and “indirect sales” of cottage food.
“Direct sale” means a transaction within the state of California between a CFO operator and a consumer, where the consumer purchases the cottage food product directly from the CFO. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events,such as bake sales or food swaps, transactions at farm stands, certified farmers’ markets, or through communitysupported agriculture subscriptions, and transactions occurring in person at the cottage food operation.
“Indirect sale” means an interaction within the state of California between a CFO, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the CFO from a third-party retailer that holds a valid permit issued by the local environmental health agency in their jurisdiction. Indirect sales include, but are not limited to, sales made to retail food facilities including markets, restaurants, bakeries, and delis, where food may be immediately consumed on the premises.
A cottage food operator may advertise as well as accept orders and payments via Internet or phone. However, a CFO must deliver (in person) to the customer. A CFO may not deliver any CFO products via US Mail, UPS, FedEx or using any other third-party delivery service. A cottage food operator may not introduce a CFO product into interstate commerce. Additionally, CFO’s can only sell cottage foods outside their county of residence only when the local environmental health agency of the outside county allows it.
It is unlawful for any person to disseminate any false advertising of any food. An advertisement is false if it is false or misleading in any particular. A cottage food product that is found to be falsely advertised would be subject to enforcement action.
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.
Training Required to Operate A Home Food Business
A person who prepares or packages cottage food products must complete a food processor course approved by California Department of Public Health within three months of being registered or permitted and every three years during operation.
For “Class A” CFO’s (direct sale only), must complete an annual registration with the local enforcement agency and submit a fully completed “self-certification checklist” approved by the local environmental health agency. For “Class B” CFO’s (either direct and indirect or indirect only), must obtain an annual permit from the local environmental health agency.
Cottage Food Operation Inspections
“Class A” CFO kitchens and food storage areas (referenced in the law as the “registered or permitted area”) are not subject to initial or routine inspections.
“Class B” CFO kitchens and food storage areas are inspected initially prior to permit issuance.
“Class A or B” (complaint inspections) – The local environmental health agency may access, for inspection purposes, the registered or permitted area where a cottage food operation is located if the representative has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation or that the cottage food operation has violated California food safety laws.
Our Law Firm Knows California Home Food Business Requirements
All CFOs must comply with the following: • No domestic activity in kitchen during cottage food preparation • No infants, small children, or pets in kitchen during cottage food preparation • Kitchen equipment and utensils kept clean and in good repair • All food contact surfaces and utensils washed, rinsed, and sanitized before each use • All food preparation and storage areas free of rodents and insects • No smoking in kitchen area during preparation or processing of cottage food A person with a contagious illness shall refrain from preparing or packaging cottage food products • Proper hand-washing shall be completed prior to any food preparation or packaging • Water used in the preparation of cottage food products must be potable • Cottage food preparation activities include: Washing, rinsing, and sanitizing of any equipment used in food preparation; Washing and sanitizing hands and arms; and Water used as an ingredient of cottage food.
California Cottage Food Labels
All cottage food products must be properly labeled in compliance with the Federal, Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343 et seq.). The label must include: • The words “Made in a Home Kitchen” or “Repackaged in a Home Kitchen” in 12-point type. • The name commonly used to describe the food product. • The name city, state and zip code of the cottage food operation which produced the cottage food product. If the CFO is not listed in a current telephone directory then a street address must also be declared. (A contact phone number or email address is optional but may be helpful for consumers to contact your business. • The registration or permit number of the CFO which produced the cottage food product and, in the case of “Class B” CFOs, the name of the county where the permit was issued. • The ingredients of the food product, in descending order of predominance by weight, if the product contains two or more ingredients. • The net quantity (count, weight, or volume) of the food product, it must be stated in both English (pound) units and metric units (grams). • A declaration on the label in plain language if the food contains any of the eight major food allergens such as milk, eggs, fish, shellfish, tree nuts, wheat, peanuts, and soybeans.
There are two approved methods prescribed by federal law for declaring the food sources of allergens in packaged foods: 1) in a separate summary statement immediately following or adjacent to the ingredient list, or 2) within the ingredient list. • The use of the following eleven terms are considered nutrient content claims (nutritional value of a food): free, low, reduced, fewer, high, less, more, lean, extra lean, good source, and light.
Specific requirements have been established for the use of these terms. You should refer to the Cottage Food Labeling Guideline for more details. • A health claim is a statement or message on the label that describes the relationship between a food component and a disease or health-related condition (e.g., sodium and hypertension, calcium and osteoporosis). You should also refer to the Cottage Food Labeling Guideline for more details.
If the label makes approved nutrient content claims or health claims, the label must contain a “Nutrition Facts” statement on the information panel. Labels must be legible and in English (accurately translated information in another language may also be included on the label). Labels, wrappers, inks, adhesives, paper, and packaging materialsthat come into contact with the cottage food product by touching the product or penetrating the packaging must be food-grade (safe for food contact) and not contaminate the food. In a permitted retail food facility (such as a restaurant, market, or deli), cottage food products served without packaging or labeling shall be identified to the customer as homemade on the menu, menu board or in another easily accessible location that would reasonably inform the consumer that the food or an ingredient in the food has been made in a private home.
Employees of and Sales by A Home Food Business
A CFO can have one full-time equivalent employee (not counting family members or household members).
A CFO as of 2015 and beyond may only have $50,000 or less in gross sales, although that is subject to change. After that, you will need a food processing facility.
California Food Trucks vs. Home Food Production Business aka A Cottage Food Operation
Food trucks are not part of the California Homemade Food Act. With a food truck operation, you will need, among other things, a tax identification number as you will with a cottage food operation. With both a cottage food operation and a food truck, you should also trademark your brand.
With a food truck, you will still need to have a business location, and not just a P.O. Box. Like a CFO, you will need a business license.
With a food truck, you will need a Mobile Food Facility (Food Truck) permit. For this, you will need to either yourself or have your attorney research each city and county you operate in to determine their specific policies on granting permits.
For a food truck, you will also need a health permit and a food safety certification. Each food facility for a food truck must have at least one employee/owner who has passed a California-approved food safety certification exam. You will also need a food handler permit for any employee who handles food. You will also need workers’ compensation insurance and should obtain insurance for your business, your vehicle, business property and general liability insurance.
Call California Home Food Production Lawyer Sebastian Gibson
With your food manufacturing business protected by Attorney Sebastian Gibson, you can rest easy, knowing your legal matters are in capable hands, as we take the load off your shoulders, protect your best interests and put a stop to actions that may be harming you and your food manufacturing business and pursue damages in litigation for any harm caused to you in California and elsewhere.
California Home Food Production Lawyer Sebastian Gibson has been chosen one of the Top Lawyers for the past 12 years by Palm Springs Life Magazine for good reason. The author of thousands of articles on the internet, Sebastian Gibson has also written for the Los Angeles and San Francisco Daily Journal newspapers and is the author of a recently published book with sales throughout the U.S.
With law degrees in both the U.S. and the U.K., Sebastian Gibson has over 40 years of experience in California and in England. He’s been frequently interviewed on radio and TV for his expertise and is widely followed on Twitter, Facebook, Google Plus and on multiple blogs.
Choosing the right lawyer to draft your food manufacturing business agreements and to handle your litigation can make all the difference. California Home Food Production Lawyer Sebastian Gibson is known for his wit and humor, and has also been named as a “Superb” Lawyer by Avvo, which rates attorneys throughout the U.S.
Confidence, And Peace Of Mind From An Experienced Business Lawyer
From Palm Springs and Palm Desert, to Orange County and San Diego, our food manufacturing expertise can be of assistance to you. We can assist you in your food manufacturing legal matters from Los Angeles to Santa Barbara and from San Jose to San Francisco. We assist clients in a wide range of business matters from cities up and down the coast of California and inland as well as to business clients in other parts of the U.S. and internationally.
If you have a food manufacturing dispute brewing, our law firm can litigate it or resolve it. Fighting is what we do. We can evaluate your situation, and determine the most efficient approach to either settling your food manufacturing business dispute or pursuing litigation on your behalf. If your business matter is complex and hundreds of thousands or millions are at stake in litigation, we’ll assemble a team of attorneys to develop the evidence to obtain the result you deserve.
Under the California Homemade Food Act, cottage food operators and/or their employees shall not commit any act that may cause contamination or adulteration of food. This would include making foods that are not on the approved food list and or making foods under unsanitary conditions or with spoiled or rancid ingredients. A cottage food operation that is not in compliance with the requirements of AB 1616 and AB 1252 would be subject to enforcement action taken by the local environmental health agency and/or the California Department of Public Health.
Tenacious Arbitration, Powerful Litigation, And Purposeful Mediation Of Your Food Manufacturing Litigation
Before filing suit, we’ll explore whether the opposing party is open to settling any dispute you may have by means of mediation or arbitration before a neutral judge in California experienced in the matters at stake or by other informal means of dispute resolution. However, if there is the risk that damage may be done without quick action, we can draft and file a lawsuit in the appropriate California court within hours in an emergency situation and seek a preliminary injunction.
For over a quarter of a century in California, the lawyers with the Law Firm of Sebastian Gibson have been successfully handling business, personal injury and other civil litigation. Our attorneys have recovered millions of dollars for our clients, and saved millions more in our defense work.
When Success Means Everything, Call Attorney Sebastian Gibson For Your Food Manufacturing Business
If you need assistance with homemade food production legal matters, you’ll want to take advantage of our expertise. Simply call the number at the top of this page and talk directly with California Home Food Production Lawyer Sebastian Gibson.
With offices in California in Palm Desert and Newport Beach and years of experience in London, California Home Food Production Lawyer Sebastian Gibson can assist you with your food manufacturing legal matters throughout California, the United States and internationally as well.
