day, no more than 60 meals per week, and limited the operation to $50,000 in annual gross sales.
The state has since amended the MEHKO framework under AB 1325, which increased the meals per week to 90 and raised the gross annual sales cap to $100,000.
A MEHKO may not open for business within a jurisdiction unless it has obtained a permit from the local enforcement agency pursuant to California Health and Safety Code section 114367.2.
The local enforcement agency for Sacramento County is the Sacramento County Environmental Management Department (EMD), which is governed by the Sacramento County Board of Supervisors. The Board has full discretion to authorize the permitting of MEHKOs by ordinance or resolution.
Pursuant to Assembly Bill 377, which amended provisions of AB 626, a county must explicitly opt in to allow MEHKOs; once a county does so, cities within that county are mandated to allow such establishments under the county authorization. A county’s authorization to allow MEHKOs within the county “shall apply to all areas within its jurisdiction, including being applicable to all cities within a county that authorizes microenterprise home kitchen operations, regardless of whether each city located within the jurisdiction of the county separately authorizes them.” (Health & Safety Code section 114367.)
Timeline
The regulatory framework and City engagement have evolved through the following key milestones:
• September 2018: AB 626 was signed into California law. • January 1, 2019: MEHKO Effective
• July 11, 2019 – Initial City Council Action: Staff presented a report to the City Council regarding AB 626. Following discussion, Council voted to recommend that the Sacramento County Board of Supervisors take "no action” at that time (Attachment 2), citing concerns regarding health and safety oversight, implementation vagueness, and neighborhood impacts related to parking, traffic, noise, and utilities. • Fall of 2019 – Sacramento County Board of Supervisors chose not to introduce or vote on an authorizing resolution, MEHKOs remained prohibited in Sacramento County. • October 7, 2019 – AB 377: Cleanup bill for AB 626
• March 26, 2026 – Legislative Amendments (SB 1447): Revisions to AB 626 were introduced through Senate Bill 1447 (SB 1447). SB 1447 provided further amendments to the California Retail Food Code, including refined provisions for residential kitchen use, food safety training requirements, exemptions from certain commercial food facility standards, and rules affecting compact mobile food operations and sidewalk vending. • May 1, 2026 – County Jurisdictional Workshop: City staff attended a regional workshop hosted by EMD to review MEHKO regulations and receive notice of an upcoming ITEM 13 Agenda Packet Page 391
Subject: AB 626 Microenterprise Home Kitchen Operations (MEHKO) Date: October 14, 2026
County Board of Supervisors hearing where EMD would present municipal support and concern feedback.
• May 13, 2026 – Transmittal of Reaffirmation Letter: City Manager Ashley J. Feeney submitted formal correspondence to the Sacramento County Board of Supervisors reaffirming the City's position of opposition based on ongoing concerns regarding land use incompatibility, enforcement limitations, and neighborhood impacts (Attachment 3). • September 9, 2026 – City Council Request: The City Council requested a formal agenda item to discuss MEHKO operations and revisit the City's regional position. • October 14, 2026 –Staff presentation to Council
• October 20, 2026 – County Board Action: The Sacramento County Board of Supervisors is scheduled to consider the implementation of MEHKOs countywide.
Analysis
AB 626 and subsequent legislation establish a state-mandated framework for home-based retail food operations, presenting distinct operational, regulatory, and economic dynamics for local consideration:
• Economic and Community Factors: Proponents note that MEHKOs create accessible, low-barrier business opportunities for local entrepreneurs (particularly home cooks) and increase local access to fresh, prepared meals. MEHKOs can be start-up operations for eventual brick and mortar or food manufacturing businesses. • Regulatory and Oversight Limitations: Under state statute, health inspections for MEHKOs are conducted strictly by appointment rather than unannounced visits, and oversight is managed by County health officials rather than local city enforcement. • Land Use, Zoning, and Fire Standards: County-authorized MEHKOs must be treated as permitted residential uses. Municipalities cannot require rezoning, impose discretionary land-use permits, or classify the operation as a change of occupancy under local building, fire, or housing codes.
• Neighborhood Compatibility: State law preempts traditional municipal tools for managing commercial activities in residential zones. Because MEHKO operations are regulated and health-inspected by Sacramento County, City staff cannot regulate or inspect the internal commercial operation, local Code Enforcement is forced into a purely reactive role, addressing off-site impacts after complaints occur (such as illegal street parking, traffic congestion, excess trash, noise, or commercial odors). • Alcohol Licensing: MEHKOs may apply directly to the California Department of Alcoholic Beverage Control (ABC) for a license if they qualify under "bona fide eating place" standards. Eligible license types include:
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Subject: AB 626 Microenterprise Home Kitchen Operations (MEHKO) Date: October 14, 2026
• Type 41 (On-Sale Beer & Wine – Eating Place): Authorizes the sale of beer and wine for on-premises consumption with meals.
• Type 47 (On-Sale General – Eating Place): Authorizes the sale of beer, wine, and distilled spirits (hard liquor) for on-premises consumption with meals. • Local Restaurant Impact: Traditional commercial food establishments, including locally owned brick-and-mortar restaurants, caterers, and mobile food vendors, are subject to extensive regulatory requirements. These include commercial zoning approvals, fire and building inspections, health permits, commercial kitchen standards, grease interceptors, accessibility standards, signage rules, utility fees, insurance, and routine unannounced inspections. MEHKOs operate from private residences and remain exempt from many of these commercial facility requirements.
Attachments:
1. Sacramento County MEHKO FAQs 2026
2. 2019 Citrus Heights Letter
3. May 2026 Citrus Heights Letter of Opposition
ITEM 13 Agenda Packet Page 393
Environmental Management Department
Protecting Public Health and the Environment
11080 White Rock Road, Suite 200
Rancho Cordova, CA 95670
(916) 875-8440 ● EMD.saccounty.gov
Background:
The California Health and Safety Code (i.e. California Retail Food Code) was recently amended to establish a “microenterprise home kitchen operation” as a new type of retail food facility. A MEHKO, if authorized by the local governing body of an enforcement agency (i.e. local environmental health jurisdiction) would allow the enforcement agency to issue a permit to an individual to operate a restaurant in their private home.
Permitting:
Q: What is a Microenterprise Home Kitchen Operation?
A: It is a type of food service operated by a resident from a private home where food is prepared, cooked and served to consumers on the same day. Food is to be consumed onsite, picked up or be delivered to the consumer within a safe time period (i.e. within 30 minutes without hot-holding equipment).
Q: When does the MEHKO law go into effect?
A: While the law became effective January 1, 2019, unless a local governing body such as a County authorizes this type of food facility, a permit will not be able to be issued by the local environmental health jurisdiction.
Q: Do I need a permit to operate a MEHKO?
A: Yes, a permit shall be obtained from the local environmental health jurisdiction prior to operating a MEHKO.
Q: How do I obtain a permit?
A: To obtain a permit, submit a permit application, Standard Operational Procedures (SOP) and payment to the environmental health jurisdiction where the MEHKO is located. The submitted packet will be reviewed and an inspection of the MEHKO will be scheduled. If approved, a permit will be issued. Fees will vary depending on the local ordinance and fee schedule.
Q: How long does the application process take for a MEHKO? A: The application process is determined by the level of detail and completeness of the application package. The standard application process for MEHKOs is up to 20 calendar days if the application package is complete and the level of detail in the operational procedures is included to demonstrate compliance with the law.
Q: I have a MEHKO permit for my current residence and will be moving. Is my permit still valid for my new residence?
A: No, permits are not transferable to other people or other locations. Permits that are issued by the environmental health jurisdiction are only valid for the person, location and type of food service initially approved. If the food permittee moves, changes their menu or type of food Microenterprise Home Kitchen Operations (MEHKOs)
Frequently Asked Questions (FAQs)
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service, a new permit application will need to be submitted for approval by the local environmental health jurisdiction.
Q: Can multiple MEHKO permits be issued for two residents? A: Only one MEHKO may operate from a private residence. Permits are specific for the person, location and type of food service to be offered.
Q: What information is required in a MEHKO’s standard operating procedures? A: A MEHKO’s standard operating procedures shall include:
• All food types or products (e.g. menu items) that will be handled. • The proposed procedures and methods of food preparation and handling. • Procedures, methods, and schedules for cleaning utensils, equipment, and for the disposal of refuse.
• How food will be maintained at the required holding temperatures, pending pickup by the consumer and during delivery.
• Proposed days and times when the home kitchen may potentially be utilized as a MEHKO. • Will the food be served on site, delivered, picked up or all of the above.
Q: Can a permitted Cottage Food Operator (CFO) also operate as a MEHKO? A: No, a CFO is restricted to non-potentially hazardous foods and cannot serve food from a private home.
Q: What is the difference between a Cottage Food Operation (CFO) and a Microenterprise Home Kitchen Operation (MEHKO)?
A: A CFO is restricted to preparing and selling only non-potentially hazardous foods that have been approved by the California Department of Public Health which may be sold directly or indirectly to the consumer whereas a MEHKO allows for the limited preparation of potentially hazardous foods for onsite consumption or delivery when permitted by the local environmental health jurisdiction.
Q: Who is the “local enforcement agency” for MEHKOs?
A: The local enforcement agency for food facilities, including MEHKOs, in Sacramento County is the Environmental Management Department.
Q: How often will a MEHKO be inspected by the local environmental health jurisdiction? A: After the initial permitting inspection, a MEHKO may be subject to one routine inspection per fiscal year. Additional inspections may be conducted in response to a consumer complaint, or reason to suspect that adulterated or otherwise unsafe food has been produced or served.
Q: What areas of the MEHKO will be permitted and inspected? A: The areas of a MEHKO that will be permitted and inspected include the home kitchen, onsite consumer eating area, food storage, utensils and equipment, toilet room, cleaning facilities, and refuse storage area (this includes garbage, recycling and composting areas).
Q: What happens if a customer complains after eating at or purchasing food and beverages from a MEHKO?
A: The Environmental Health Specialist may conduct an onsite inspection to investigate the alleged complaint. Fees may be assessed by the local environmental health jurisdiction for the investigation.
Q: What information is available to assist a MEHKO to operate in a safe and healthy way? A: The local environmental health jurisdiction is a great resource to obtain information.
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Q: Is a letter grade/placard required to be posted at a MEHKO like it is at a permanent food facility or a mobile food facility?
A: The law exempts a MEHKO from any local grading system. Inspection report data and violation information relating to any inspections conducted at a permitted MEHKO can be found at https://inspections.myhealthdepartment.com/sacramento.
Q: How would the public know if a MEHKO has an approved permit? A: A MEHKO is required to display their permit, or a legible copy, during hours of operation.
Customers can also visit https://inspections.myhealthdepartment.com/sacramento to determine if a MEHKO has a valid permit.
Operations:
Q: Who is considered a resident?
A: A resident is an individual who lives in a private home (such as a single home, apartment, duplex, or condominium) when not elsewhere for work or temporary basis (i.e. vacation).
Q: Can a MEHKO operate as a Caterer?
A: No, a MEHKO is prohibited from operating a Catering Operation. Only permanent food facilities approved for food preparation (such as a restaurant, banquet facility or other approved commercial kitchen) can conduct catering operations.
Q: Who can I sell my food to?
A: Food must be sold directly to a consumer for onsite consumption or delivery and not to a wholesaler or retailer.
Q: Can a MEHKO sell or give away food products at a temporary event or certified farmer’s markets?
A: No, a MEHKO cannot sell food products at a temporary event or certified farmer’s market. A MEHKO is limited to selling food directly to a consumer for onsite consumption or delivery.
Q: Can a MEHKO sell to any wholesaler or retailer?
A: No, a MEHKO can only sell food directly to consumers, through an internet Web site, or a mobile application of an Internet food service intermediary (see FAQ further in the document for the definition of an internet food service intermediary).
Q: Can a MEHKO advertise in front of the residence?
A: No, the MEHKO is prohibited from posting signage or other outdoor displays advertising the MEHKO from a residence.
Q: Can a MEHKO advertise online?
A: Yes, a MEHKO can utilize an internet food service intermediary or other online platform that lists or promotes the MEHKO on its internet web site or mobile application.
Q: Can a MEHKO advertise using print media?
A: Yes, a MEHKO can advertise in a newspaper or other print media. The MEHKO must clearly identify the name of the local enforcement agency that issued the permit, the permit number along with the following statement “Made in a Home Kitchen” in a conspicuous font and location within the advertisement.
Q: If there are complaints about odors, traffic, parking, and/or excessive noise, what agency should be notified?
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A: Any complaints involving nuisance concerns can be reported directly to the local city’s Code Enforcement Department, or for MEHKOs in the unincorporated areas, to the County Code Enforcement Program.
Q: Can a MEHKO utilize a third-party online delivery service, such as Uber Eats or DoorDash to deliver food?
A: MEHKO is not allowed to utilize any third-party delivery service except for an individual who has a physical or mental condition which limits them to access the food without a third-party delivery service.
Food Service:
Q: What type of food service is the MEHKO permitted to do? A: A MEHKO can prepare and sell foods that have been approved by the local environmental health jurisdiction for same day onsite consumption or delivery.
Q: What are the menu limitations on a MEHKO?
A: A MEHKO business may not prepare food or beverages that:
• Involve the production, service, or sale of raw milk or raw milk products. • Involve the service or sale of raw oysters.
• Involve food processes that require a Hazard Analysis Critical Control Point Plan (see follow-up question below for more information).
Q: Can a MEHKO make and sell ice cream or other milk products? A: No. The California Department of Food and Agriculture requires a license and specific requirements for the manufacturing of ice cream or dairy based foods. A residential home will not be able to meet those requirements. This does not prohibit a MEHKO from utilizing dairy products such as pasteurized milk purchased from an approved source as an ingredient in a food product.
Q: Can homegrown fruits and vegetables be used in a MEHKO? A: Yes, however, care should be taken to ensure all fruit and produce is grown and handled using best management practices associated with a community food producer and all produce must be thoroughly washed prior to use.
Q: Can a MEHKO add cannabis, CBD, or Kava to a food product as part of their operation? A: No, only approved food additives may be used as an ingredient in food preparation. At this time, cannabis, CBD and Kava have not been approved as a food additive by the Food and Drug Administration.
Q: Can a MEHKO donate food?
A: A MEHKO may donate food to a food bank or to any other charitable nonprofit organization if the food has been handled in compliance with the California Retail Food Code and is donated the same day it is prepared.
Q: Can I keep leftovers to serve the next day?
A: Leftovers can’t be served the next day as part of the MEHKO operation.
Q: Can a MEHKO package food or beverages?
A: A MEHKO may portion food into containers for same day pick up or delivery service.
Q: Are commercial equipment and/or appliances required in a MEHKO? A: No, commercial equipment and/or appliances are not required as long as the equipment/appliances are maintained clean and are in good working order.
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Q: Are there any special requirements regarding a private residential water well? A: Yes, only potable water from a properly constructed and maintained onsite well or municipal water system can be used. Bacteriological tests (quarterly), Nitrates (annually), Nitrites (every 3 years), and constituents of concern such as Fluoride and Arsenic (once) may be required by the local enforcement agency.
Q: Can a MEHKO operate an open-air barbecue or an outdoor wood-burning oven? A: Yes, a MEHKO may operate an open-air barbecue or an outdoor wood-burning oven as long as the barbecue or oven is operated on the same premises as a MEHKO, is separated from public access, and meets the requirements of California Retail Food Code Section 114143.
Q: Are restrooms required to be available for MEHKO customers? A: Yes, clean toilet facilities, in good condition, shall always be available for employees and for consumers when there is onsite consumption.
Q: Can alcoholic beverages be served or sold from a MEHKO? A: Contact Department of Alcohol Beverage at https://www.abc.ca.gov/.
Employees and Record Keeping:
Q: What is the definition of a food employee?
A: A food employee is an employee who works with food, food equipment or utensils, or food contact surfaces.
Q: Are family or household members considered food employees? A: No, family members and household members are not considered food employees of a MEHKO but are still subject to food safety rules.
Q: What are the limitations for a MEHKO to hire food employees? A: A MEHKO may have no more than one (1) full time equivalent food employee.
Q: What food safety certificates are required to operate a MEHKO? A: The operator of the MEHKO shall successfully pass an approved and accredited food safety examination by the American National Standards Institute as meeting the requirements of the Conference for Food Protection’s Standards for Accreditation of Food Protection Manager Certification Programs and any individual, other than the operator, who is involved with the preparation, storage, or service of food in a MEHKO shall obtain an approved food handler card.
A food employee that has a valid food safety manager certificate is not required to obtain a food handler card.
Q: What are the sales limitations of a MEHKO?
A: The MEHKO shall have no more than $100,000 in verifiable (ex. invoices) gross annual sales.
Records of all sales must be kept so that compliance with this limitation can be verified.
Q: What records are required to be maintained for review by the local environmental health jurisdiction?
A: The MEHKO shall maintain the following documents onsite for review during an inspection:
• Written standard operating procedures that include a menu, and hours of operation. • The permit to operate, or an accurate copy, shall be always displayed onsite when the MEHKO is in operation.
• Valid certificate of the food safety manager certification for the operator and a valid food handler card(s) or food safety manager certification for any food employees.
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• A copy of the valid driver’s license of a person delivering food on behalf of the MEHKO. • A copy of the most recent inspection report.
• Copies of the MEHKO financial records as it relates to the gross annual sales.
Q: What if I want to change my menu after I have obtained a permit as a MEHKO? A: If the proposed menu change requires new equipment or additional food storage capacity, an updated SOP may be required by the local enforcement agency. Contact the local enforcement agency to determine what may be required before changing the menu.
If you have any questions that have not been answered in these FAQs, or if additional clarification is needed, please email EMD at [email protected] or call us at 916-875-8440.
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August 1, 2019
Board of Supervisors
Sacramento County
700 H Street, Suite 1450
Sacramento, CA 95814
RE: AB 626 – Mircoenterprise Home Kitchen Operations
Dear Board Chair and Board Members:
Thank you for the opportunity to provide input on Assembly Bill (AB) 626 which amends the California Health and Safety Code to establish “microenterprise home kitchen operations”, referred to as MEHKOs, as a new type of retail food facility in in a private residence. In accordance with the bill, the discretion to authorize MEHKOs within Sacramento County, including the incorporated cities, falls under your purview.
At the July 11th Citrus Heights City Council meeting, the council discussed the legislation and concluded with the following recommendation:
The Citrus Heights City Council recommends the Sacramento Board of Supervisors take “no action” at this time on AB 626.
Although conceptually the City Council supported AB 626, they felt the legislation as currently written was vague and lacked necessary information for a safe implementation. The following is a brief summary of the City Council’s discussion:
• Opportunity for those wanting to start a food business; • Many cottage food operators have been successful but concern with expansion of food types that require safe handling;
• Lack of oversight in the cleanliness of the home and food prep areas; • Impact MEHKO would have on utilities including erosion of sewer pipes; • Inspections completed by appointment (no surprise inspections); • Lack of safe guards for the community including food spoilage; and • Neighborhood impacts due to parking, smells.
The Citrus Heights City Council looks forward to any future legislative amendments that may come as a result of the implementation of AB 626 in other counties in California.
Since your decisions impact Citrus Heights, please consider the City Council’s recommendation prior to action by the board. If you have any questions, please feel free to contact me at (916) 727- 4741.
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August 1, 2019
Sincerely,
Alison Bermudez
Alison Bermudez
Associate Planner
CC: Marie Woodin, Director
Sacramento County Environmental Management Department
10590 Armstrong Ave
Mather, CA 95655
(sent by email to: [email protected])
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