Apply for microenterprise home kitchen operations permit
We are pleased to announce that microenterprise home kitchen operations (MEHKO) application and permit fees will not be required through March 14, 2025, thanks to a grant awarded to the County by the California Department of Public Health. Also, for any permits issued before March 14, 2024, the permit fee will automatically be waived for an additional year through March 14, 2025.
The California Health and Safety Code established a microenterprise home kitchen operation (MEHKO) as a type of retail food facility that can operate from a private home.
The County of Santa Clara is piloting a MEHKO program that authorizes our residents to prepare, cook, and sell food from their home kitchen. This three-year program went into effect April 14, 2023.
Once permitted by the Department of Environmental Health (DEH), a MEHKO can begin to sell food in their private home, with certain restrictions.
Things to know before starting a MEHKO
Apply for a MEHKO permit
Background: enabling legislation and timelines
Things to know before starting a MEHKO
- Only one MEHKO may operate from a private residence.
- The certificates required to operate a MEHKO include a valid Food Safety Manager Certification (FSC) and food employees must have valid food handler cards.
- You cannot have no more than one (1) full time equivalent food employee, which is an employee who works with food. Note that family members and household members are not considered food employees of a MEHKO.
- A MEHKO gets one scheduled routine inspection by Department of Environmental Health each year.
- Only potable water from a properly constructed and maintained onsite well or municipal water system can be used. Water quality lab test results for E. coli, total coliform, and nitrates- from a State Certified Laboratory must be provided to DEH. Lab results must be from a test taken within a year from the date of application submittal date.
- Make clean toilet facilities in good condition available for employees at all times and for customers when there is onsite consumption. Portable restrooms are not allowed.
- For questions about selling and serving alcoholic beverages by a MEHKO, contact the Department of Alcohol Beverage.
| do | Don't |
|---|---|
| Prepare, cook, and serve all food on the same day. | You cannot prepare and sell more than:
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| Offer potentially hazardous foods, including meat, poultry, rice, pasta, eggs, cooked vegetables. | You cannot prepare food or beverages that involve:
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Promote your MEHKO online or in newspapers and other print media. You must clearly state the following on all print advertisements:
| You cannot post signs or other outdoor displays advertising your MEHKO from any residence. |
| Customers can consume your food at your MEHKO, pick them up or have them delivered by you. | As a MEHKO, you cannot use third-party delivery service, such as Uber Eats or DoorDash to deliver your prepared food. |
| You cannot sell to wholesalers or retailers. |
MEHKOs and cottage food operations (CFOs) are different from each other. A residence may only have one CFO or one MEHKO.
| CFO | MEHKO | |
|---|---|---|
| Prepare, cook, and serve potentially hazardous foods such as meat, poultry, rice, pasta, eggs, cooked vegetables. | Not allowed | Allowed |
| All food must be prepared, cooked, and served on the same day. | Not required | Required |
| More differences - and similarities - between CFOs and MEHKOs | ||
| View MEHKO informational slideshow The slideshow is also available in these languages: |
| See list of County-approved MEHKOs |
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Apply for a MEHKO permit
The microenterprise home kitchen operations (MEHKO) permit application process is summarized below. Follow the steps to apply.
- Complete the application packet consisting of:
1 - The Checklist to apply for a MEHKO
2 - The MEHKO operation application
3 - MEHKO SOP
4 - MEHKO self-certification checklist
Your application review may be delayed if we do not receive all the required information. - Submit the application by mail, email or in-person. See grey contact card for address and email.
- We will invoice you the application fee after we receive your application.
Pay the application fee. The review process will begin after we receive payment. - As we initiate a review of your application, you may hear from us with follow-up questions. As part of the review, we will also schedule an onsite kitchen evaluation to ensure your proposed MEHKO complies with all requirements. The review process may take up to 20 business days.
- If your application is approved, pay a MEHKO annual permit fee to receive your operating permit.
Background
In 2022, the County of Santa Clara County began a three-year pilot MEHKO program. Under this program, the Santa Clara County Department of Environmental Health (DEH) will issue annual permits for MEHKOs.
On March 14th, 2023, the MEHKO’s ordinance and fees were unanimously approved by the County’s Board of Supervisors.
Enabling legislation
On January 1, 2019, California Assembly Bill 626 (AB 626) went into effect and MEHKO was established as a new type of retail food facility that allows an individual to operate a restaurant in their private residence.
In October 2019, California Assembly Bill 377 (AB 377) was chaptered to make minor changes to AB 626 and provide regulatory clarity. Under AB 377, the law gives each county full discretion within their jurisdiction to authorize the MEHKOs program.
In September 2022, California Senate Bill 972 (SB 972) established “Compact Mobile Food Operations” to promote economic inclusion while modernizing the California Retail Food Code. The legislation changes improve accessibility for sidewalk food vendors looking to obtain a permit. Additionally, SB972 allows for the expansion of a MEHKO to work in conjunction with up to two CMFOs. For more information on Compact Mobile Food Operations please visit SB-972 California Retail Food Code.
On July 21, 2023, California Assembly Bill 1325 (AB 1325) was signed into law and immediately went into effect. AB 1325 allows a MEHKO to prepare no more than 90 meals per week and increased the verifiable gross annual sales to $100,000 (adjusted annual for inflation). It also defines a “meal” to mean 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:
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DEH’s MEHKO exploratory process and timeline
| date | milestone |
|---|---|
| May 3, 2022 | The County of Santa Clara Board of Supervisors unanimously approves the exploratory process for adopting an ordinance that permits MEHKOs throughout the County. The proposed three-year temporary program authorizes community members to prepare, cook, and sell food from their private home kitchen. |
| August 30, 2022 | DEH makes request to the Board of Supervisors and secures approval for additional funding to support the MEHKO program implementation. |
| October 2022 | DEH begins outreach to the stakeholders, community members, and partnering agencies from the 15 cities and County Planning Department. |
| December 2022 | DEH organized and held additional meetings with community and partnering agencies. |
| January 11, 2023 | An informational presentation to the Santa Clara County Cities Managers’ Association takes place. |
| February 2023 | Multiple meetings take place between DEH and community partners for feedback on developing documents. |
| February 28, 2023 | The MEHKO’s ordinance is introduced for its first “reading” to the County’s Board of Supervisors. |
| March 14, 2023 | The Department of Environmental Health presents at the “second” reading of the ordinance. |