Home Restaurants (MEHKOs):
Frequently Asked Questions
As of Jan 1, 2019, a new California Law (AB 626) allows for home cooks to apply for a permit to sell food made in their home kitchen directly to the public. This permit is called a MEHKO permit, which stands for Microenterprise Home Kitchen Operation. This law is the first of its kind in the United States so it will take some time to get everything running smoothly. In July of 2023, AB1325 passed and increased the cap on MEHKO operations from 60 meals per week to 90 meals per week, and from $50,000 in gross annual sales to $100,000. Below is a list of answers to the questions that we hear most often from California cooks who want to sell food from home. We will keep this document up to date with new information as we receive it.
On March 23, 2021, Utah passed HB94, becoming the second state in the US to legalize MEHKOs. We will update this document once the full permitting information for Utah is available.
If you’d like clarification, please post a question in our Facebook group or email hello@cookalliance.org and we will do our best to reply with an update as quickly as possible.
Last updated: Feb, 2024.
GENERAL INFORMATION (CALIFORNIA)
What is a Microenterprise Home Kitchen Operation (MEHKO)?
It is a new type of food facility that operates out of a private home. Cooks prepare, cook and serve food to consumers on the same day either through delivery, take-out, or dine-in the home.
What will I need to legally sell home cooked food? To sell your food legally, you will need:
Your Food Protection Manager Certification (see question 6)
A valid MEHKO permit issued by your local county health department, which includes passing a home kitchen inspection. (see questions 20 & 21)
It’s good to keep in mind that the process for getting a MEHKO permit takes time & preparation, similar to starting any small business.
Can I apply to get a home restaurant permit right now?
Only if your county has already opted into the new law. As of March, 2022, Riverside, San Diego, Alameda, San Mateo, Santa Barbara, Imperial, Sierra, Lake, Amador, Santa Clara, Monterey, and Solano Counties, and the City of Berkeley are actively accepting MEHKO applications & issuing permits. Several others are close. We expect more counties to opt-in by mid 2024. If you do not live in the above listed Counties then your county must first opt-into the law for MEHKOs to be legal. For this to happen, your County Board of Supervisors needs to vote and adopt a resolution to authorize this type of food facility. Then, your county Health Department will set up a permit and inspection process. Once the process is in place, you may start your application on your county’s Environmental Health website. The application, inspection, and permitting process should take about 20 days. If you’d like to help your county adopt the resolution, click here for more information.
What are the monetary limitations of a home restaurant?
A home restaurant cannot sell more than one hundred thousand ($100,000) in food annually (gross annual sales). You must keep records of all sales to show compliance (keep your receipts). This number will be adjusted for inflation, meaning it will (generally) increase a little bit each year.
What are the meal limitations of a MEHKO?
A home restaurant cannot sell more than 30 meals, or “meal components” per day and/or 90 meals per week. For example, if you sell 30 meals on Friday, Saturday, and Sunday, then you hit your maximum for the week. A “Meal” means the amount or quantity of food that is intended to be consumed by one customer in one sitting. A meal may include one or more of any of the following:
(1) A main dish.
(2) Appetizers.
(3) Side dishes.
(4) Beverages.
(5) Baked goods.
(6) Desserts.
Do I need any training?
Yes - you must have a Food Protection Manager Certification from an accredited organization. The course is 8 hours, the cost is between $50-$90 and the certification is good for 5 years. If you have a food handlers card, you must upgrade to the food managers card. You can find information about the difference between the food handlers card and food managers card here. Additionally, any individual, other than the operator, who is involved with the preparation, storage, or service of food in a MEHKO must have a food handler card.
Who can work for the MEHKO?
A MEHKO can have no more than one (1) full time equivalent food employee. The home cook may have help from family or household members in food preparation or storage. Any person working with food must have the food handlers certification.
What is the difference between a Cottage Food Operation (CFO) and a Microenterprise Home Kitchen Operation (MEHKO)?
A Cottage Food permit allows the home cook to prepare and sell a specific list of nonpotentially hazardous foods directly or indirectly to the consumer. A MEHKO permit the home cook to prepare potentially hazardous foods after the kitchen has been permitted. Neither permit allows the home cook to prepare highly hazardous foods that require a Hazard Analysis Critical Control Point Plan (HAACP) plan, like canned foods or pickled foods or dairy products (like cheese or ice cream).
What type of food service is the MEHKO permitted to do?
A MEHKO can prepare and sell foods that have been approved by the local environmental health jurisdiction for same day onsite consumption or delivery.
Do I need to be a U.S. Citizen to start a MEHKO?
No, anyone can apply to have a MEHKO. You did not need any proof of citizenship nor a social security number to apply for a MEHKO permit. (Please note that County Environmental Health inspectors will come into your home to permit the kitchen, food storage and prep areas, and food consumption areas.
Will I be able to use a third-party delivery service, like DoorDash, to deliver my food?
No, the cook or an MEHKO employee/household member must hand all food directly to any customers. You can either arrange for consumers to eat in your home, pick up food to-go, or your employee/household member may deliver the food on your behalf. You may not contract with a third party delivery service (such as DoorDash, UberEats, Postmates).
MENUS & PREPARATION
Can I use cannabis, CBD, or Kava in my food?
No, only approved food additives may be used as an ingredient in food preparation.
Can I sell alcohol with my meals?
If you’d like to serve alcohol or allow people to bring alcohol and drink it on-premise, you will need a separate permit under the Alcohol and Beverage Control Act. California law provides two types of licenses allowing for the consumption of alcoholic beverages in a permitted kitchen - 1) license allows for the sale or consumption of beer and wine, 2) the other allows for distilled spirits in addition to beer and wine. You can read more about your county alcohol permitting specifics here.
Can a MEHKO use a wood-burning stove or BBQ?
Yes, a MEHKO can prepare food on a open-air barbecue or an outdoor wood-burning oven that is on the same premise as the MEHKO and is separated from public access, and meets the requirements of California Retail Food Code Section 114143.
What are the menu limitations on a MEHKO?An 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 (see follow-up question below for more information).
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 the lead local agency to require a HACCP plan.
Can a MEHKO make and sell ice cream or other milk products?
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 a dairy product 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.
INSPECTIONS
How often will a MEHKO be inspected by the local environmental health inspectors?
After the initial permitting inspection, a MEHKO may go through one routine inspection per year. Additional inspections may be conducted in response to a complaint, or reason to suspect that unsafe food has been produced or served in the home.
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, toilet room, cleaning facilities, and refuse storage area.
PERMIT PREPARATION
What can I do to be ready for when my county starts issuing MEHKO permits?
While you cannot apply right now to get your MEHKO permit, there are some steps you can take so you are ready to apply when counties open the permitting process, such as:
Complete necessary certifications
Take an accredited Food Protection Manager course and exam, such as with ServSafe or Prometric.
Prepare for some of the standard permit application questions:
Determine your menu items: food and beverages, ingredients.
Determine the days and hours of operation.
Write a list of all kitchen equipment you will be using (no commercial equipment or appliances are required, as long as all equipment is in clean and working order)
Determine how you will be cleaning your utensils and equipment (dishwasher, clean-in-place protocol, utensil dishwashing sink)
Decide where/how you are going to sell your food items (out of your home/on-site, Internet Food Service Intermediary, or other website)
Determine where/how you will do delivery or pick up.
Determine how you will maintain the required holding temperatures before pick up or delivery
Determine brand and business name (not required, just a best practice)