Health and Safety Code § 114365.5

(a)The department shall adopt and post on its Internet Web site a list of nonpotentially hazardous foods and their ethnic variations that are approved for sale by a cottage food operation. A cottage food product shall not be potentially hazardous food, as defined in Section 113871.

(b)This list of nonpotentially hazardous foods shall

include, but not be limited to, all of the following:

(1)Baked goods without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas.

(2)Candy, such as brittle and toffee.

(3)Chocolate-covered nonperishable foods, such as nuts and dried fruit.

(4)Dried fruit.

(5)Dried pasta.

(6)Dry baking mixes.

(7)Fruit pies, fruit empanadas, and fruit tamales.

(8)Granola, cereals, and trail mixes.

(9)Herb blends and dried mole paste.

(10)Honey and sweet sorghum syrup.

(11)Jams, jellies, preserves, and fruit butter that comply with the standard described in Part 150 of Title 21 of the Code of Federal Regulations.

(12)Nut mixes and nut butters.

(13)Popcorn.

(14)Vinegar and mustard.

(15)Roasted coffee and dried tea.

(16)Waffle cones and pizelles.

(c)(1) The State Public Health Officer may add or delete food products to or from the list described in

subdivision (b), which shall be known as the approved food products list. Notice of any change to the approved food products list shall be posted on the department’s cottage food program Internet Web site, to also be known as the program Internet Web site for purposes of this chapter. Any change to the approved food products list shall become effective 30 days after the notice is posted. The notice shall state the reason for the change, the authority for the change, and the nature of the change. The notice will provide an opportunity for written comment by indicating the address to which to submit the comment and the deadline by which the comment is required to be received by the department. The address to which the comment is to be submitted may be an electronic site. The notice shall allow at least 20 calendar days for comments to be submitted. The department shall consider all comments submitted before the due date. The department may withdraw the proposed change at any time by notification on the program

Internet Web site or through notification by other electronic means. The approved food products list described in subdivision (b), and any updates to the list, shall not be subject to the administrative rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(2)The State Public Health Officer shall not remove any items from the approved food products list unless the State Public Health Officer also posts information on the program Internet Web site explaining the basis upon which the removed food item has been determined to be potentially hazardous.