Home-based food vendors hail new law

State ends restrictions to spur economy, promote eating locally made food

By David Garrick5:58 P.M.NOV. 12, 2013
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Portrait of Bridget Doyle, owner of Bridget Rose Delights, as she's about to place a batch of her popular Peanut Butter Fudge mixture she made into her home refrigerator for cooling. It's one of the four different flavors she makes of her fudge. — Charlie Neuman

People who earn money selling cookies, jam and other foods they make at home are hailing a new state law that legalizes their businesses and limits what restrictions cities can place on them.

The law, called the California Homemade Food Act, took effect in January. It was designed to give people additional moneymaking options in a sluggish economy and help increase the consumption of locally produced food.

In San Diego County, advocates are predicting an explosion of such businesses as the law gets more publicity. Meanwhile, cities are looking to update local ordinances to comply with the new legislation and limit any problems it might create.

The law allows aspiring chefs and food makers to launch businesses without the startup costs that come with renting a commercial kitchen and obtaining a long list of permits, said Barbara Preston, who runs sdcottagefoods.com, a website focused on home-based food businesses in San Diego County.

“The new law is phenomenal because so many people couldn’t even get their business started before,” said Preston, who sells coconut candy she makes in her Imperial Beach home. “If you were going to make a lollipop, you couldn’t do it at home.”
Vendors must still meet county health and safety guidelines, are subject to inspection and must obtain a county health department permit. Permits have been issued to 100 home-based food businesses so far, county officials said.

The law limits homemade foods to those unlikely to spoil or become contaminated. Meats, cheeses and creams are prohibited, but cereals, most baked goods, candy, dried fruit, popcorn, vinegar, coffee and waffle cones are allowed.

Critics have raised concerns that a proliferation of home-based food vendors could turn some quiet neighborhoods into semi-commercial areas, with trucks frequently delivering supplies and customers lined up to buy fudge and syrup.

Escondido City Council members expressed frustration last month with the new law, which has forced every city in the county to explore which restrictions on home-based businesses they must repeal.

Cities can still place limits on parking and traffic. But the new law says food vendors can invite customers to their homes and hire one full-time employee who lives off-site, two things that most cities had prohibited for home-based businesses.

Escondido Mayor Sam Abed said the law forces cities to essentially allow small restaurants in residential neighborhoods.

He predicted it will damage the quality of life for some residents.

“Home-based businesses are about somebody using a phone and a desk and doing paperwork,” Abed said. “This will allow home-based catering businesses and we’re going to be having trucks in our neighborhoods.”

Escondido is the first city in the county to discuss an ordinance based on the new law, but other cities must eventually follow suit.

Because Vista hasn’t yet revised its ordinance, the city has waived all of its restrictions on home-based businesses for vendors who obtain a food permit from the county Department of Environmental Health, said John Conley, the city’s planning chief.
Barbara Redlitz, Escondido’s planning chief, said it’s crucial for cities to update their restrictions or they won’t have any control over the home-based food vendors.

Escondido’s proposed ordinance, which the council is scheduled to approve Nov. 20, would limit hours of operation to 8 a.m. to 5 p.m. to prevent nighttime and early morning traffic. In addition, parking for the business would be limited to spots typically used by people living in the home.

Redlitz said the new law gives Escondido the discretion to make such restrictions.

But Preston said many other cities have regulations on home-based businesses in place that must be repealed because they contradict the new state law.

For example, El Cajon says all business equipment, which would now include ovens, must be stored in a truck.

Bridget Doyle, an Oceanside resident who recently launched a successful home-based fudge business, said state officials made the right move outlawing such restrictions and allowing people like her to chase their dreams.

“I was just giving my fudge to friends and family before the new law passed,” Doyle said. “But now I’m on the shelves of two grocery stores and the future looks really bright.”

Doyle says she had been unsuccessfully applying for administrative jobs in medical offices when she found out the new law passed. She said it lowered her startup expenses to $500, far less than it would have cost to rent a commercial kitchen.

Working from home also allowed her to build slowly, she said.

Doyle and Preston said concerns about home-based businesses are overblown.

The state law limits gross revenues for individual vendors to $45,000 in 2014 and $50,000 in 2015 and future years, which will force many successful businesses to migrate out of neighborhoods and into commercial settings.

A county spokesman said there haven’t been any significant problems with the new law. He said county officials have focused on educating vendors and making sure they only plan to sell products the new law allows.

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