Do MEHKOs have the same requirements as commercial food facilities? 

Microenterprise Home Kitchens are inspected and regulated like other Food Facilities. There were 11 different types of commercial food facilities in CA (ranging from food trucks to restaurants to school cafeterias) and MEHKOs have become the 12th. Each type of food facility is regulated differently according to the scale of the operation and the types of foods served.  

MEHKOs must follow hundreds of requirements from the CA Retail Food Code, making them more similar than different to how full-scale restaurants are regulated. That said, there are 29 exemptions from the Food Code that make MEHKOs standards reasonable for the average home kitchen. Significant training and facilities requirements ensure safe food preparation given small scale production. 

Which organizations supported this new law? 

AB 626 was supported by nearly 100 organizations ranging from food and labor justice  to public health and small business advocacy groups. 

The most recent technical bill (AB 377) was written and supported by the CCDEH (California Conference for the Directors of Environmental Health), CHEAC (County Health Executives Association of California), HOAC (Health Officers Association of California), and CSAC (California State Association of Counties). 

Will home kitchens increase the risk of foodborne illness? 

We don’t expect home kitchens to increase the risk of foodborne illness. The 2018 CDC report, showed that home kitchens are far less likely than restaurants to cause outbreaks. Home kitchens also serve fewer customers than restaurants, further reducing the impact of a potential outbreak. Finally, we think that home cooks who live in your neighborhood, invite customers into their homes, and share the food they're feeding their own family are going to be more careful and accountable to their food than an overworked, undercompensated, anonymous back of house food worker. 

Many people are already operating home-based cooking businesses - we estimate as many as 100,000 in California alone. This law will bring many of these operations above ground and allow cooks to get extensive training that covers handwashing, time and temperature controls, and how to purchase from approved vendors. Legalization actually offers all of these operations the opportunity to come above ground, seek support and resources in becoming a safer, legitimate, and more successful business. 

Are there any limits on scale?

Yes. Since food safety risk correlates with scale, the law specifically limits the size and scope of MEHKO operations. The law is intended to help people earn ancillary income to support their families or incubate a larger food business, not run a commercial-scale business from home. 

• Income: MEHKOs are limited to $50,000 in gross annual sales per year. 

• Meals: MEHKOs are restricted in the amount of meals they can produce per week and per day. They are restricted to 30 meals per day and 60 meals per week. All food must be prepared on the same day and given directly to the consumer. 

• Employees: owner/operators to keep careful tabs on their one employee, forces them to be diligent in maintaining their brand, and ensures time/temperature controls are followed. 

Do traffic, building, noise laws apply?

The goal is for MEHKO operators to be your best neighbors, not the most disruptive! Most municipal codes apply to a MEHKO, including nuisance ordinances such as building, traffic, and noise codes. AB 626 specifically says, “This subdivision does not supersede or otherwise limit the investigative and enforcement authority of the city, county, or city and county with respect to violations of its nuisance ordinances.” (Section 114367.4(2))

Do MEHKOs have to follow any zoning laws?

MEHKOs must follow residential dwelling laws. Additionally, they cannot post any signage and must follow noise ordinances. AB 626 specifically says, “A microenterprise home kitchen operation shall be a permitted use of residential property in any residential dwelling for zoning purposes if the microenterprise home kitchen operation complies with both of the following criteria: (A) Abstain from posting signage or other outdoor displays advertising the microenterprise home kitchen operation. (B) Be in compliance with applicable local noise ordinances.” (Section 114367.4(a))

Does the American’s with Disabilities Act (ADA) apply?

Yes, the ADA is a federal law, the state cannot opt out of its requirements. 

Can food be shipped via the Internet or 3rd-party delivery services?

No. Sales are limited to direct-to-consumer and 3rd-party delivery (e.g. UberEats, DoorDash) or shipping (e.g. UPS, FedEx) is prohibited, except in limited circumstances for customers with disabilities that limit mobility. 

How do inspections work? 

Inspectors can perform one routine inspection a year, but a MEHKO local enforcement agencies can conduct inspections at any time if there has been a consumer complaint or threats to public health. 

Scheduled inspections were agreed upon with CCDEH (California Conference for Directors of Environmental Health) because MEHKOs have variable schedules and are flexibly open. If a MEHKO is not in operation, then an inspection can not take place. Thus, it only makes sense to have inspections scheduled to ensure someone is home and operating when the inspector arrives.

Do all inspections have to be scheduled? 

No. 1) A routine inspection must be scheduled with the operator to ensure that they are at home when the inspector arrives. Routine inspections are frequently scheduled for restaurants as well. These are considered the most important inspections because this is where the operator demonstrates their knowledge of food safety.  2) An investigation inspection must be scheduled. 3.) An emergency inspection does not have to be scheduled.

What are the handwashing requirements? 

A handwashing sink is required for all MEHKOs. AB 626 specifically requires “a handwashing sink [that] is supplied with warm water and located in the toilet room and supplied, as specified in Section 113953.2 [of the California Retail Food Code].” (114367.1(b)(1)). Section 113953.2 of the California Retail Food Code reads, “A handwashing facility shall be provided with the following in dispensers at, or adjacent to, each handwashing facility: (a) Handwashing cleanser. (b) Sanitary single-use towels or a heated-air hand drying device.”

Additionally, MEHKO operators will be trained on proper handwashing. Proper handwashing is covered extensively in Food Manager’s ServSafe training, which is required of all home cooks.

Are pets and children allowed in the kitchen?

No. When a home cook is preparing food for commercial purposes, pets and children, including service animals, are not allowed in the kitchen. 

Is it safe for inspectors to go into private homes? 

Health inspectors already enter private homes to inspect other domestic food facilities such as daycares, Cottage Food (class B), and bed and breakfasts. Many other departments enter homes as well and may be able to offer helpful protocols. 

Can cities choose to opt-in?

For the vast majority of California, the regulatory body (the health department), sits at the county level and not the city level. Four cities (Berkeley, Long Beach, Pasadena, Vernon) have their own Department of Environmental Health authority and thus can opt-in separately from their county. Outside of these cities, the decision to opt-into the program rests with the county. For zoning purposes and other municipal issues, the city maintains control.

Will MEHKOs cause an increase traffic in neighborhoods? 

Possibly. The law caps the number of meals per day at 30 and number of meals per week at 60. In Riverside, typical customers purchase 3 portions, so with a maximum of 30 meals in one day will typically result in no more than ~10 cars so the MEHKO will have far less traffic than a traditional restaurant (statistics from Foodnome). 

Additionally, nuisance law still applies so any neighbor could call the city with a nuisance complaint. The one county that has opted-in and is issuing permits (Riverside County), has had no noise, nuisance, or traffic complaints to-date. 

Is it an issue that MEHKOs can use well water?

Any concerns about the limited number of MEHKOs using well water can be addressed through local ordinances or by requiring certain testing take place before the MEHKO open its doors.

Does the law exempt operations from the food safety placarding program?

Yes. Because third party delivery isn’t allowed and scale is so small, the food placarding system is not necessary in the same way that it is for restaurants. MEHKOs are required to sell direct to consumers, thereby increasing accountability for the home cook. 

Will MEHKOs compete with restaurants?

Many restaurantaurs supported AB 626 because they too started their food businesses illegally in their homes. These microenterprises are great places to incubate food businesses that intend to move to brick and mortar. Additionally, the meal caps prevent these enterprises from competing with restaurants.