Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Supervisor David Canepa, District 5
Supervisor Ray Mueller, District 3
Subject: Microenterprise Home Kitchen Operations Ordinance, and amendment to Chapter 5.64 to adjust program fees for Microenterprise Home Kitchen Operation permits
RECOMMENDATION:
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Recommendation to:
A) Adopt an ordinance repealing and replacing Chapter 4.58 of Title 4 of the San Mateo County Ordinance Code, authorizing the permitting of Microenterprise Home Kitchen Operations, previously introduced on September 12, 2023, and waive the reading of the ordinance in its entirety; and
B) Adopt an ordinance amending Section 5.64.070 of Chapter 5.64 of Title 5 of the San Mateo County Ordinance Code, relating to collection of fees for enforcement of state public health laws, previously introduced on September 12, 2023, and waive the reading of the ordinance in its entirety.
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BACKGROUND:
State Law Allowing MEHKOs.
California Assembly Bill 626 ("AB 626"), as amended, established Microenterprise Home Kitchen Operations ("MEHKOs") as a new category of food facility under the California Health and Safety Code section 113700, et seq. AB 626 authorizes the use of home kitchens for small-scale, direct food sales by home cooks to consumers.
For MEHKOs to legally operate in the County, the Board must adopt an ordinance or resolution to affirmatively "Opt-In" to the permitting program established by AB 626. The Board does this by authorizing an "enforcement agency," such as Environmental Health Services (EHS), to permit MEHKOs, which then provides EHS permit authority over both incorporated and unincorporated areas of the County. Since AB 626 went into effect, Alameda, San Benito, Imperial, Lake, Riverside, Solano, San Diego, and Santa Barbara Counties, and the City of Berkeley, have each adopted ordinances authorizing the permitting of MEHKOs within their jurisdictions...
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