Microenterprise Home Kitchen Operations (MEHKO)

California Assembly Bill 626 (AB 626), as amended, established Microenterprise Home Kitchen Operations (“MEHKOs”) as a new category of food facility under the California Health and Safety Code section 113700, et seq. AB 626 authorizes the use of home kitchens for small-scale, direct food sales by home cooks to consumers. For MEHKOs to legally operate in the County, the Board of Supervisors (Board) must adopt an ordinance or resolution to affirmatively “Opt-In” to the permitting program established by AB 626.

On July 20, 2021, the Board authorized a MEHKO pilot program, which authorized Environmental Health Services (EHS) to permit MEHKOs for a two-year period. The pilot program provided the opportunity to assess the benefits of MEHKOs throughout the County before permanently adopting an ordinance.

On September 12, 2023 the Board passed an ordinance to permanently authorize EHS to permit MEHKOs pursuant to AB 626; to fund the cost of administering this permit program through establishment of an annual permit fee; and to continue providing MEHKO businesses negatively impacted by the pandemic another year of zero permit fees by covering this fee for a one-year period.

For questions pertaining to the ordinance, email homebasedfoodoperation@smcgov.org.

A Microenterprise Home Kitchen Operation (MEHKO) must operate from the permit holder’s private residence. The home kitchen and proposed food operation must meet applicable food safety and sanitation requirements.

Kitchen Facilities and Equipment

Your kitchen must have the equipment and facilities needed to safely prepare, store, and serve the proposed menu. Requirements include:

• Adequate refrigeration and food storage to maintain food at safe temperatures and prevent contamination.
• A functioning kitchen sink with hot and cold running water.
• Appropriate equipment and supplies for cleaning and sanitizing utensils, equipment, and food-contact surfaces.
• Suitable food preparation equipment and food-grade utensils that are maintained in good repair.
• Adequate lighting and ventilation for the proposed food preparation activities.
• A functioning restroom with required handwashing facilities, soap, and paper towels.

Commercial kitchen construction standards may not apply to a MEHKO in the same way they apply to other food facilities. However, the kitchen must still meet applicable health and safety requirements.

Food Storage and Preparation Areas

Food, ingredients, utensils, and equipment must be stored and handled in a manner that prevents contamination. Food preparation must take place in the approved areas of the residence, using the equipment and procedures described in your Standard Operating Procedures (SOPs).

Pets and Household Activities

Pets and other household activities must not compromise food safety. Animals must be kept out of food preparation areas as required, and household activities must not expose food, utensils, or food-contact surfaces to contamination.

Inspection

EHS will inspect the proposed MEHKO to evaluate the kitchen, equipment, sanitation practices, and other applicable requirements. Your operation must be approved before you begin preparing and selling food.

MEHKO operators are responsible for ensuring that food is prepared, stored, and served safely. All applicable food safety training and certification requirements must be met.

Food Safety Manager Certification

The MEHKO operator must successfully pass an approved and accredited food safety manager certification examination. Contact EHS to confirm acceptable certification programs and applicable deadlines.

Food Handler Cards

Individuals involved in the MEHKO must obtain the required food handler card from an approved California provider, unless an applicable exemption applies. Confirm current requirements with EHS.

Safe Food Handling

Operators must follow safe food handling practices, including:

• Washing hands properly and maintaining good personal hygiene.
• Preventing cross-contamination between raw foods, cooked foods, and ready-to-eat foods.
• Cooking food to required temperatures and maintaining appropriate hot- and cold-holding temperatures.
• Refrigerating and storing food safely.
• Cleaning and sanitizing utensils, equipment, and food-contact surfaces.
• Using appropriate thermometers and sanitizer test strips.
• Protecting food from contamination during preparation, storage, packaging, and delivery.
• Ensuring that employees who are ill do not handle food when doing so could create a food safety risk.

Food Safety Procedures

Your SOPs must describe how your operation will prepare, store, and serve food safely. Follow the procedures approved by EHS and contact the department before making changes that could affect food safety.

MEHKOs are subject to limits on food production, sales, staffing, and preparation methods. Operators must comply with all applicable state and local requirements.

Meal and Sales Limits

A MEHKO may prepare no more than:

• 30 meals per day
• 60 meals per week

MEHKOs are also subject to a gross annual sales limit. Confirm the current limit with EHS before beginning operations.

Employees

A MEHKO may employ no more than one full-time-equivalent food employee, excluding family or household members as provided by law.

Direct Sales to Consumers

MEHKOs may sell food directly to consumers for permitted on-site dining, pickup, or delivery. Food may not be resold or distributed to other food facilities or wholesalers.

Same-Day Food Preparation

Food must be prepared, cooked, and served on the same day, as required by applicable law. Operators must follow food safety requirements for cooking, holding, storage, and delivery.

Prohibited Foods and Preparation Methods

Certain foods and food processing methods are prohibited for MEHKOs. Restrictions include raw oysters, raw milk and raw milk products, and food processes that require a Hazard Analysis and Critical Control Point (HACCP) plan or involve prohibited high-risk preparation or storage methods.

Review your proposed menu and preparation methods with EHS before applying if you are unsure whether a food or process is permitted.

Additional Permitted Activities

Subject to applicable requirements, MEHKOs may conduct certain additional activities, such as cooking classes or food demonstrations. Contact EHS to determine whether your proposed activities are allowed under your permit.

A MEHKO may employ no more than one full-time-equivalent food employee, excluding family or household members as provided by law.

Direct Sales to Consumers

MEHKOs may sell food directly to consumers for permitted on-site dining, pickup, or delivery. Food may not be resold or distributed to other food facilities or wholesalers.

Same-Day Food Preparation

Food must be prepared, cooked, and served on the same day, as required by applicable law. Operators must follow food safety requirements for cooking, holding, storage, and delivery.

Prohibited Foods and Preparation Methods

Certain foods and food processing methods are prohibited for MEHKOs. Restrictions include raw oysters, raw milk and raw milk products, and food processes that require a Hazard Analysis and Critical Control Point (HACCP) plan or involve prohibited high-risk preparation or storage methods.

Review your proposed menu and preparation methods with EHS before applying if you are unsure whether a food or process is permitted.

Additional Permitted Activities

Subject to applicable requirements, MEHKOs may conduct certain additional activities, such as cooking classes or food demonstrations. Contact EHS to determine whether your proposed activities are allowed under your permit.

In addition to EHS permitting requirements, MEHKO operators must comply with applicable advertising restrictions and other laws affecting home-based businesses.

Advertising Your MEHKO

MEHKOs may advertise through permitted methods, including websites, social media, and qualifying online food service intermediaries. Advertising must comply with applicable California requirements.

Exterior signs and other visual outdoor advertisements for a MEHKO are prohibited.

Online Ordering and Delivery Platforms

If you use an Internet Food Service Intermediary (IFSI) to advertise or facilitate sales, verify that the platform meets applicable California registration requirements. Contact EHS if you need help determining whether a platform may be used for your operation.

Rental Properties

If you rent your home, complete the required Rental Notification Form. A MEHKO permit does not exempt you from complying with your lease, rental agreement, or other applicable property restrictions.

Local Business Requirements

A MEHKO permit does not automatically satisfy every local business requirement. Contact your city to determine whether additional business licenses, approvals, or other requirements apply to your proposed operation.

Alcohol Sales and Service

Selling or serving alcoholic beverages may require separate licensing from the California Department of Alcoholic Beverage Control (ABC). Review applicable licensing requirements before offering alcohol as part of your business.

Noise and Nuisance Requirements

MEHKOs must comply with applicable local noise and nuisance ordinances. Operating a business from your home must not create prohibited disturbances or other nuisances.

How long does the application process take for a MEHKO?
The application process is determined by the level of detail and completeness of the application package. The standard application process for MEHKOs is up to 20 calendar days if the application package is complete and the level of detail in the operational procedures is included to demonstrate compliance with the law.

I have a MEHKO permit for my current residence and will be moving. Is my permit still valid for my new residence?
No, permits are not transferable to other people or other locations. Permits that are issued by EHS are only valid for the person, location, and type of food service initially approved. In the event that the food permittee moves, changes their menu, or type of food service, a new permit application will need to be submitted for approval by EHS

Can two MEHKO permits be issued for two residents that would like to operate a MEHKO out of the same residence?
Only one MEHKO may operate from a private residence. Permits are specific for the person, location, and type of food service to be offered.

Can a permitted Cottage Food Operator (CFO) also operate as a MEHKO?
No, a CFO is restricted to non-potentially hazardous foods and cannot serve foods from a private home.

What is the difference between a Cottage Food Operation (CFO) and a Microenterprise Home Kitchen Operation (MEHKO)?
A CFO is restricted to preparing and selling only non-potentially hazardous foods that have been approved by the California Department of Public Health which may be sold directly or indirectly to the consumer whereas a MEHKO allows for the limited preparation of potentially hazardous foods for onsite consumption or delivery when permitted by EHS.

Who is the “local enforcement agency” for MEHKOs?
The local enforcement agency for food facilities, including MEHKOs, in San Mateo County is Environmental Health Services.

How often will a MEHKO be inspected by Environmental Health Services?After the initial permitting inspection, a MEHKO may be subject to one routine inspection per fiscal year. Additional inspections may be conducted in response to a consumer complaint, or reason to suspect that adulterated or otherwise unsafe food has been produced or served.

What areas of the MEHKO will be permitted and inspected?
The areas of a MEHKO that will be permitted and inspected include the home kitchen, onsite consumer eating area, food storage, utensils and equipment, restroom, cleaning facilities, and refuse storage area (this includes garbage, recycle, and compost areas).

What happens if a customer complains after eating at or purchasing food and beverages from a MEHKO?
EHS may conduct an onsite inspection to investigate the alleged complaint. Fees may be assessed by EHS.

Is a letter grade/placard required to be posted at a MEHKO like it is at a permanent food facility or a mobile food facility?
The law exempts a MEHKO from any local grading system. Inspection report data and violation information relating to any inspections conducted at a permitted MEHKO can be requested by contacting our office.

How would the public know if a MEHKO has an approved permit?
A MEHKO is required to display their permit, or a legible copy, during hours of operation.

Who is considered a resident?
A: A resident is an individual who lives in a private home (such as a single home, apartment, duplex, or condominium) when not elsewhere for work, or on a temporary basis (e.g. vacation).

Can a MEHKO operate as a caterer?
No, a MEHKO is prohibited from operating a catering operation. Only permanent food facilities approved for food preparation (such as a restaurant, banquet facility, or other approved commercial kitchen) can conduct catering operations.

Who can I sell my food to?
Food must be sold directly to a consumer for onsite consumption or delivery and not to a wholesaler or retailer.

Can a MEHKO sell or give away food products at a temporary event or certified farmers’ market?
No, a MEHKO cannot sell food products at a temporary event or certified farmer’s market. A MEHKO is limited to selling food directly to a consumer for onsite consumption or delivery.

Can a MEHKO sell to any wholesaler or retailer?
No, a MEHKO can only sell food directly to consumers, through a website, or a mobile application of an internet food service intermediary.

Can a MEHKO advertise in front of the residence?
No, the MEHKO is prohibited from posting signage or other outdoor displays advertising the MEHKO from a residence.

Can a MEHKO advertise online?
Yes, a MEHKO can utilize an internet food service intermediary or another online platform that lists or promotes the MEHKO on its internet website or mobile application.

Can a MEHKO advertise using print media?
Yes, a MEHKO can advertise in a newspaper or other print media. The MEHKO must clearly identify San Mateo County Environmental Health Services as the issuer of the permit, the permit number, and include the statement “Made in a Home Kitchen” in a conspicuous font and location
within the advertisement.

If there are complaints about odors, traffic, parking, and/or excessive noise, what agency should be notified?
Any complaints involving nuisance concerns can be reported directly to the local city’s Code Enforcement Department, or for MEHKOs in the unincorporated areas, to the County Code Enforcement Program.

Can a MEHKO utilize a third-party online delivery service, such as Uber Eats or DoorDash to deliver food?
No, a MEHKO is not allowed to utilize any third-party delivery service for food deliveries.

What type of food service is the MEHKO permitted to do?
A MEHKO can prepare and sell foods that have been approved by EHS for same day onsite consumption or delivery.

What are the menu limitations on a MEHKO?
A MEHKO business may not prepare food or beverages that:
• Involve the production, service, or sale of raw milk or raw milk products.
• Involve the service or sale of raw oysters.
• Involve food processes that require a Hazard Analysis Critical Control Point Plan.

What types of food processing require a Hazard Analysis Critical Control Point (HACCP) plan?
The following specialized food processes require a HACCP plan:

• Smoking food as a method of food preservation.
• Curing food.
• Using food additives or adding components such as vinegar as a method of food preservation.
• Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption.
• Using acidification or activity to prevent the growth of Clostridium botulinum.
• Packaging potentially hazardous food using a Reduced-Oxygen Packaging (ROP) method.
• Preparing food by another method that is determined by EHS to require a HACCP plan.

Can a MEHKO make and sell ice cream or other milk products?
No. The California Department of Food and Agriculture requires a license and specific requirements for the manufacturing of ice cream or dairy-based foods. A residential home will not be able to meet those requirements. This does not prohibit a MEHKO from utilizing dairy products such as pasteurized milk purchased from an approved source as an ingredient in a food product.

Can homegrown fruits and vegetables be used in a MEHKO?
Yes, however care should be taken to ensure all fruit and produce is grown and handled using best management practices associated with a community food producer and all produce must be thoroughly washed prior to use.

Can a MEHKO add cannabis, CBD, or Kava to a food product as part of their operation?
No, only approved food additives may be used as an ingredient in food preparation. Cannabis, CBD, and Kava have not been approved as food additives by the Food and Drug Administration.

Can a MEHKO donate food?
A MEHKO may donate food to a food bank or to any other nonprofit charitable organization as long as food has been handled in compliance with the California Retail Food Code and is donated the same day it is prepared.

Can I keep leftovers to serve the next day?
Leftovers can’t be served the next day as part of the MEHKO operation.

Can a MEHKO package food or beverages?
A MEHKO may portion food into containers for same day pick up or delivery service.

Are commercial equipment and/or appliances required in a MEHKO?
No, commercial equipment and/or appliances are not required as long as the
equipment/appliances maintain clean and are in good working order.

Are there any special requirements regarding a private residential water well?
Yes, only potable water from a properly constructed and maintained onsite well or municipal water system can be used. Bacteriological test (quarterly), Nitrates (annually), Nitrites (every 3 years), and constituents of concern such as Fluoride and Arsenic (once) may be required by the local enforcement agency.

Can a MEHKO operate an open-air barbecue or an outdoor wood-burning oven?
Yes, a MEHKO may operate an open-air barbecue or an outdoor wood-burning oven as long as the barbecue or oven is operated on the same premises as a MEHKO, is separated from public access, and meets the requirements of California Retail Food Code Section 114143.

Are restrooms required to be available for MEHKO customers?
Yes, clean restrooms, in good condition, shall be available for employees at all times and for consumers when there is onsite consumption.

Can alcoholic beverages be served or sold from a MEHKO?
Contact the California Department of Alcoholic Beverage Control at abc.ca.gov.

What is the definition of a food employee?
A food employee is an employee who works with food, food equipment or utensils, or food  contact surfaces. For more information about California Labor Laws visit the Labor Commissioner’s webpage.

Are family or household members considered food employees?
No, family members and household members are not considered food employees of a MEHKO.

What are the limitations for a MEHKO to hire food employees?
A MEHKO may have no more than one (1) full time equivalent food employee.

What certificates are required to operate a MEHKO?
The operator of the MEHKO shall successfully pass an approved and accredited food safety examination by the American National Standards Institute as meeting the requirements of the Conference for Food Protection’s Standards for Accreditation of Food Protection Manager Certification Programs and any individual, other than the operator, who is involved with the preparation, storage, or service of food in a MEHKO shall obtain an approved food handler card. A food employee that has a valid food safety manager certificate is not required to obtain a food handler card. For more information visit the National Accreditation Board’s website.

What are the sales limitations of a MEHKO?
The MEHKO shall have no more than one hundred thousand ($100,000) in verifiable (e.g. invoices) gross annual sales. Records of all sales must be kept so that compliance with this limitation can be verified.

What records are required to be maintained for review by EHS?
The MEHKO shall maintain the following documents onsite for review during an inspection:

• Written standard operating procedures that include a menu, and hours of operation.
• The permit to operate, or an accurate copy, shall be displayed onsite at all times when the MEHKO is in operation.
• Valid certificate of the food safety manager certification for the operator and a valid food handler card(s) or food safety manager certification for any food employees.
• A copy of the valid driver’s license of a person delivering food on behalf of the MEHKO.
• A copy of the most recent inspection report.
• Copies of the MEHKO financial records as it relates to the gross annual sales.

What if I want to change my menu after I have obtained a permit as a MEHKO?
If the proposed menu change requires new equipment or additional food storage capacity, an updated SOP may be required by EHS. Contact EHS to determine what may be required before changing the menu.