SanDiegoCounty.gov
File #: 21-600    Version: 1
Type: Land Use and Environment Status: Passed
File created: 8/20/2021 In control: BOARD OF SUPERVISORS - LAND USE
On agenda: 9/15/2021 Final action:
Title: AUTHORIZING MICROENTERPRISE HOME KITCHEN OPERATIONS IN SAN DIEGO COUNTY (DISTRICTS: ALL)
Attachments: 1. 09152021 D1-D2 MicroEnterprise Home Kitchen Operations BL FINAL.pdf, 2. 091521 ag02 Public Communication 1, 3. 09152021 ag02 Speaker Slip, 4. 09152021 ag02 Ecomment Report, 5. 2021 Sep 15 Minute Order 02

DATE:
September 15, 2021
02

TO:
Board of Supervisors

SUBJECT
Title
AUTHORIZING MICROENTERPRISE HOME KITCHEN OPERATIONS IN SAN DIEGO COUNTY (DISTRICTS: ALL)

Body
OVERVIEW
Microenterprise Home Kitchen Operations (MEHKOs) were created via Assembly Bill (AB) 626 which was passed unanimously by the State Assembly and Senate and signed into law by Governor Brown on September 18, 2018. AB 377 (AB 626 clean-up bill) was signed into law by Governor Newsom on October 7, 2019.

This legislation permits counties to authorize individuals to use their home kitchens to prepare, sell and serve up to 30 meals per day, or 60 meals per week, and collect a maximum annual revenue of $50,000. Family members can be employed to help operate MEHKOs, along with a maximum of one paid non-family employee. Menus are restricted to items that can be prepared and sold the same day. Risky food preparation techniques are prohibited, therefore MEHKOs may not produce, serve, or use raw milk, or serve raw oysters or any other food requiring a Hazard Analysis Critical Control Point Plan (a written plan specifying procedures for maintaining food control throughout the entire food preparation, distribution, and storage process). Meals can be served in the home, picked up by the customer, or delivered by the MEHKO operator.

California Department of Public Health authorized online intermediaries, such as Foodnome, provide the mechanism to place an order with a MEHKO. They also provide a way to promote MEHKOs while collecting required taxes on behalf of the MEKHO operators. MEHKOs require a valid health permit through the Department of Environmental Health and Quality, an initial inspection and annual inspections thereafter. MEHKO owners are required to obtain a Food Manager certificate and employees are required to obtain a Food Handler card.

Since the state established MEKHOs, over 140 MEHKOs have been authorized by the following seven jurisdictions: Alameda County, the City of Ber...

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