Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Supervisor David Canepa, District 5
Supervisor Don Horsley, District 3
Subject: Microenterprise Home Kitchen Operations Ordinance
RECOMMENDATION:
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Adopt an ordinance authorizing, on a pilot basis, the permitting of Microenterprise Home Kitchen Operations ("MEHKO") in San Mateo County, previously introduced on July 20, 2021, and waive the reading of the ordinance in its entirety.
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BACKGROUND:
California Assembly Bill 626 ("AB 626") chaptered on September 18, 2018 and amended by Assembly Bill 377 ("AB 377") chaptered on October 7, 2019 (collectively, the "MEHKO State Law") established Microenterprise Home Kitchen Operations ("MEHKOs") as a new category of food facility under the California Retail Food Code, Health and Safety Code section 113700, et seq. ("CRFC"). The MEHKO State Law authorizes the use of home kitchens for small-scale, direct food sales by home cooks to consumers, providing appropriate flexibility in food types and appropriate health and sanitation standards.
Under the MEHKO State Law, these facilities may do the following:
* Prepare up to 30 meals per day, or 60 meals per week, or their equivalents;
* Have up to $50,000 in gross annual sales per year;
* Only sell directly to consumers;
* Prepare meals for pick up, direct delivery, and/or consumption by diners onsite;
* Hold cooking classes and food demonstrations;
* Operate an open-air barbecue or outdoor wood-burning oven;
* Employ up to one employee, in addition to family members; and
* Use a State-registered internet food service intermediary or other method (e.g., newspaper, social media) to advertise the MEHKO, provided such advertisement is consistent with California Health and Safety Code requirements.
MEHKOs may not do any of the following:
* Have signs or other visual exterior advertisement; or
* Serve certain foods (e.g., raw oysters, raw milk, ra...
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