County of San Mateo - File #: 23-701

• File #: 23-701
• Version: 1
• Type: Multi-Item
• Status: Passed
• File created: 8/9/2023
• Departments: BOARD OF SUPERVISORS DISTRICT 5
• On agenda: 9/12/2023
• Final action: 9/12/2023
• Title: Recommendation to: A) Introduce 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 and waive the reading of the ordinance in its entirety; and B) Introduce an ordinance amending Section 5.64.070 of Chapter 5.64 of Title 5 of the San Mateo County Ordinance Code, effective 30 days from adoption, relating to collection of fees for enforcement of state public health laws, and waive the reading of the ordinance in its entirety; and C) Adopt a resolution authorizing the Director of the Environmental Health Services Division ("EHS") of San Mateo County Health, or designee(s), to implement a program to pay for a one-time credit equal to the approved annual fee, pursuant to the ordinance passed herein, at a total cost not to exceed $92,000, for permitted Microenterprise Home Kitchen Operations, which qualify as small businesses under the American Rescue Plan Act.
• Sponsors: David J. Canepa, Ray Mueller

Date	Ver.	Action By	Action	Result
9/12/2023	1	BOARD OF SUPERVISORS

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:
title
Recommendation to:

A) Introduce 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 and waive the reading of the ordinance in its entirety; and

B) Introduce an ordinance amending Section 5.64.070 of Chapter 5.64 of Title 5 of the San Mateo County Ordinance Code, effective 30 days from adoption, relating to collection of fees for enforcement of state public health laws, and waive the reading of the ordinance in its entirety; and

C) Adopt a resolution authorizing the Director of the Environmental Health Services Division ("EHS") of San Mateo County Health, or designee(s), to implement a program to pay for a one-time credit equal to the approved annual fee, pursuant to the ordinance passed herein, at a total cost not to exceed $92,000, for permitted Microenterprise Home Kitchen Operations, which qualify as small businesses under the American Rescue Plan Act.

body
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...