DATE:
March 13, 2024 and April 10, 2024
02
TO:
Board of Supervisors
SUBJECT
ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
Title
LOCAL MICROENTERPRISE HOME KITCHEN OPERATION ORDINANCE AMENDMENT AND RELATED CEQA EXEMPTION (3/13/2024 - Introduction and First Reading; 4/10/2024 - Second Reading) (DISTRICTS: ALL)
Body
OVERVIEW
The Department of Environmental Health and Quality (DEHQ) is the local enforcement agency of the California Retail Food Code for all 18 incorporated cities, as well as the unincorporated communities in the region. There are two types of home-based food service facilities that DEHQ regulates as part of their Food Program; Cottage Food Operation (CFO) and Microenterprise Home Kitchen Operation (MEHKO). A CFO is a home-based business where certain low-risk food products not requiring refrigeration are made in private home kitchens and sold as a fully packaged and labeled product to consumers. A MEHKO is a home-based business where home cooks can prepare and sell a wide range of foods in a home kitchen that require time and temperature control to prevent bacteria growth that can lead to foodborne illness.
On November 8, 2023 (6), the Board approved the first reading of the proposed MEHKO and the CFO program ordinance, including a few decisions from the dais that needed to be incorporated into the written ordinance attached to the Board letter for the second reading. On December 6, 2023 (1), the Board took unanimous action to approve the second reading of the proposed MEHKO and CFO program. However, due to an administrative error, the ordinance attached to the Board letter at the second reading on December 6, 2023, inadvertently did not include all of the Board's decisions made during the first reading on November 8, 2023.
The ordinance approved on December 6, 2023, which became effective January 5, 2024, included Board selected options to:
* Authorize the continuation of a permanent MEHKO Program.
* Authori...
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