Supervisors call for microenterprise home kitchen operations ordinance

Joe Naiman

Village News Reporter

The San Diego County Board of Supervisors has requested that county staff develop an ordinance covering microenterprise home kitchen operations.\

A 3-0 vote Sept. 15, with Joel Anderson ill and Nathan Fletcher addressing a family medical situation, directed the county's chief administrative officer to return to the board within 120 days with an ordinance authorizing MEHKO operations in San Diego County, to conduct community outreach including to local municipalities and to provide public opportunities for the drafting of the proposed ordinance, and to implement a public education program for small volume home-based retail food operations which would include guidance on not impacting neighbors.

"The County of San Diego has a unique opportunity," said Supervisor Nora Vargas. "We are able to provide many small businesses with an economic lifeline benefiting our economy now and in the future. I think this is a great opportunity for all."

In 2018 the state Legislature unanimously passed, and Governor Brown subsequently signed, legislation creating microenterprise home kitchen operations and cleanup language was passed by the legislature and signed by Governor Newsom in 2019. The state legislation permits counties to allow individuals to use their home kitchens to prepare, serve, and sell up to 30 meals per day or 60 meals per week and collect a maximum annual revenue of $50,000. Family members may be employed to help operate a MEHKO and a maximum of one paid non-family employee is allowed. Menus are restricted to items which can be prepared and sold on the same day and food operations which require a written plan specifying procedures for maintaining food control throughout the entire preparation, storage, and distribution process are prohibited. The meals can be served in the MEHKO home, picked up by the customer, or delivered by the MEHKO operator.

"This is really fantastic and really exciting," said Supervisor Terra Lawson-Remer. "I just think it's so important to give people an opportunity to make money and get paid and support a family."

Six counties, including Riverside County and Imperial County, have already authorized MEHKO operations. San Bernardino County and San Mateo County have authorized pilot programs. Experience with existing MEHKO operations have shown that more than 90% of them are operated by non-whites and 60% are operated by women.

"This could not come at a better time," Vargas said.

A MEHKO will require a valid health permit from the county's Department of Environmental Health and Quality along with an initial inspection and subsequent annual inspections. A MEHKO owner will also be required to obtain a food manager certificate and all employees must obtain a food handler card.

"I'm all in favor of it. I think it's wonderful. It's a great idea," said Supervisor Jim Desmond.

Because the authorization is at the county level, cities would not be able to opt out. "I kind of hate usurping local government," Desmond said. "I kind of wish cities had their own jurisdiction over it."

A local government can't change zoning to prohibit a MEHKO, but a jurisdiction can regulate noise. The state ordinance prohibits signage, so the county and cities will not need to regulate that aspect. The public education program on not impacting neighbors will include considerations of noise, land use, traffic, parking, and appropriate disposal for grease and other food-related waste.