This bill amends the California Health and Safety Code to establish a “microenterprise home kitchen operation”, referred to as MEHKOs, as a new type of retail food facility that will allow an individual to operate a restaurant in their private residence. Yes, in your own home you can make up to $50, 000 per year! Food can be stored, prepared, and served to customers at the MEHKO. Food must be made
, cooked, and served on the same day, with no more than 30 meals per day or a total of 60 meals per week. Of course, there will be guidelines you would have to follow just like a regular restaurant. The county of Santa Clara has the ability to opt-in and implement the MEHKO program for the entire fifteen cities within the county. Prior to 2012, the California Retail Food Code (CRFC), required all food sold to consumers to be made at an inspected commercial kitchen. With the passage of the California Homemade Food Act known as “cottage food operations” (CFO) in 2013, certain low risk (i.e. shelf-stable, non-perishable) food products such as bread, fruit jams, and dried fruit could be made in private home kitchens and be sold to consumers under limited conditions. On September 18, 2018, Governor Brown signed Assembly Bill 626 (AB 626), making an amendment to the California Retail Food Code: Microenterprise Home Kitchen Operations which established “microenterprise home kitchen operation” (MEHKO) as a new category of a retail food facility. MEHKOs are restaurants in a private residence operated by the resident and are allowed to produce a very broad variety of complex food products that the CRFO permit does not allow. On October 7, 2019, AB 377, which made minor changes to the original Bill in order to provide for more regulatory clarity was passed. Under this new Bill, the County has the ability to opt-in and authorize a local MEHKO program for the entire jurisdiction, including all fifteen cities within the County. The law gives the county “full discretion” to authorize the MEHKOs program in their jurisdiction. Until the county authorizes these types of operations, MEHKOs will not be issued a health permit by the Department of Environmental Health (DEH). MEHKOs are not allowed to operate without a health permit issued by DEH. Riverside was the first county that opted to take advantage of this new Bill. With a 100% safety record, Riverside’s early adoption of AB-626 has helped many independent cooks find success in having their own home restaurant
