As of January 1, 2019 home chefs in California can legally make and sell meals at home to neighbors as “microenterprise home kitchen operations”—provided that your county opts in to participate in this law.

This law is different from theCalifornia Homemade Cottage Food Law which licenses home chefs to produce packaged, shelf-stable foods.

Make this law happen in your area: Visit CookAlliance for info on how you can advocate for your county to support the law.

Please contact me if you’d like to add info, make corrections or discuss this for any reason.

How California’s Microenterprise Homemade Food Law Works

For all the details about the law, see Assembly Bill AB 626. I’ve tried to simplify the rules here. Your local health department / county has the option to NOT participate in the law.

Your county’s health department should have all of the specifics and process if you can apply when the state law goes into effect Jan. 2019 (or who you need to contact to advocate for your county to support this law, if need be):

What is a Microenterprise Home Kitchen Operation?

The definition of “Microenterprise home kitchen operation” is a food facility that is operated by a resident in a private home* where food is stored, handled, and prepared for, and may be served to, consumers.

Follow the rules and create a convenient, fun way to make some extra money from home!

*“resident of a private home” means an individual who resides in the private home when not elsewhere for labor or other special or temporary purpose.

IMPORTANT: Home-based food businesses may be visited by enforcement officials if there are complaints or if you are getting licensed to sell packaged / cottage food to retailers. If you NEVER want this to happen, you may not want to operate a home-based meal business. You’ll find more info about this at the bottom of this article.

The Microenterprise Home Kitchen Operation must meet all of the following requirements:

A microenterprise home kitchen operation shall not be open for business unless it has obtained a permit issued from the local enforcement agency.

Limit on number of employees: (1) The operation has no more than one full-time equivalent food employee, not including a family member or household member.

It’s fresh food:(2) Food is prepared, cooked, and served on the same day. You’ll find details below and a link to specifics on what you can make. The California Homemade Cottage Food Law is a law for producing packaged, shelf-stable foods at home.

People can eat at your home or take out: (3) Food is consumed onsite at the microenterprise home kitchen operation or offsite if the food is picked up by the consumer or delivered within a safe time period based on holding equipment capacity.

The food and food preparation methods are generally safe. (4) Food preparation does not involve processes that require a HACCP plan—which means “Hazard Analysis and Critical Control Point,” as specified in Section 114419 (see below), or the production, service, or sale of raw milk or raw milk products, as defined in Section 11380 of Title 17 of the California Code of Regulations.

HACCP plans are plans that restaurants and food production facilities have to ensure safe food production and processes to fix any potentially or actually dangerous problems in sanitation or food preparation.

Which food and food preparation methods are NOT allowed?

Based on the above rule, the following food preparation / cooking methods are now allowed by Microenterprise kitchen businesses. (Here are the full rules from California’s Section 114419.)

(1) Smoking food is not allowed as a method of food preservation rather than as a method of flavor enhancement.

(2) Curing food is not allowed.

(3) Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement, or to render a food so that it is not potentially hazardous is not allowed.

(4) Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption is not allowed.

(5) Custom processing animals that are for personal use as food and not for sale or service in a food facility is not allowed.

(6) Preparing food by another method that is determined by the enforcement agency to require an HACCP plan is not allowed.

ALSO – NO OYSTERS! (5) The service and sale of raw oysters is prohibited.

Limit to the number of daily meals. (6) Food preparation is limited to no more than 30 individual meals per day, or the approximate equivalent of meal components when sold separately, and no more than 60 individual meals, or the approximate equivalent of meal components when sold separately, per week.

The local enforcement agency may decrease the limit of the number of individual meals prepared based on food preparation capacity of the operation, but shall not, in any case, increase the limit of the number of individual meals prepared.

Limit to annual $ food sales. (7) The operation has no more than fifty thousand ( $50,000 ) dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index.

You’re serving neighbors—not other businesses. (8) The operation only sells food directly to consumers and not to any wholesaler or retailer.

For purposes of this paragraph, the sale of food prepared in a microenterprise home kitchen operation through the Internet Web site or mobile application of an Internet food service intermediary, as defined in Section 114367.6, is a direct sale to consumers.

An operation that sells food through the Internet Web site or mobile application of an Internet food service intermediary shall consent to the disclosures specified in paragraphs (6) and (7) of subdivision (a) of Section 114367.6.

(b) “Microenterprise home kitchen operation” does not include either of the following:

(1) A catering operation.

(2) A cottage food operation, as defined in Section 113758. (That’s another law.)

Who approves the kitchens to operate?

The bill says that the governing body of a city or county, or city and county, shall have full discretion to authorize, by ordinance or resolution, the permitting of microenterprise home kitchen operations in accordance with the provisions of this bill, except as provided.

How you can promote and sell to consumers

The bill would require an Internet food service intermediary, as defined, that lists or promotes a microenterprise home kitchen operation on its Internet Web site or mobile application to, among other things, be registered with the department, to clearly and conspicuously post on its Internet Web site or mobile application the requirements for the permitting of a microenterprise home kitchen operation, as specified, prior to the publication of the microenterprise home kitchen operation’s offer of food for sale.

You will get in trouble if your food buyers complain or have problems.

The law says that the Internet or app service provider will be required to submit the name and permit number of a microenterprise home kitchen operation to the local enforcement agency if it receives, through its Internet Web site or mobile application, 3 or more unrelated individual food safety or hygiene complaints in a calendar year from consumers who have made a purchase through its Internet Web site or mobile application.

Does my home-based food business and kitchen need to follow the same rules as restaurants?

No! Rather than list all of the things you do NOT have to do to operate legally, I have included the rules of what you DO need to do.

If you want to get happy with all the signage and construction requirements your home-based meal business does not have to follow, see CHAPTER 11.6 Microenterprise Home Kitchen Operation, Section 114367.1 on the law page.

Can I sell cookies, candy, churros and granola by following this law?

No! There is a different law for this, with different rules about what you can make and sell. See the Cottage Food Law for how to sell shelf-stable packaged homemade food in California.

How will the Microenterprise Home Kitchen food business application process work?

Section 114367.2. says:

(a) A microenterprise home kitchen operation shall not be open for business unless it has obtained a permit issued from the local enforcement agency.

(b) The department shall post on its Internet Web site the requirements for the permitting of a microenterprise home kitchen operation, pursuant to this chapter and any ordinance, resolution, or rules adopted by any city or county, or city and county, that has authorized the permitting of microenterprise home kitchen operations, which shall be written at a high school level.

(c) The applicant shall submit to the local enforcement agency written standard operating procedures that include all of the following information:

(1) All food types or products that will be handled.

(2) The proposed procedures and methods of food preparation and handling.

(3) Procedures, methods, and schedules for cleaning utensils, equipment, and for the disposal of refuse.

(4) How food will be maintained at the required holding temperatures, as specified in Section 113996, pending pickup by consumer or during delivery.

(5) Days and times that the home kitchen will potentially be utilized as a microenterprise home kitchen operation.

(d) (1) The local enforcement agency shall issue a permit after an initial inspection has determined that the proposed microenterprise home kitchen operation and its method of operation comply with the requirements of this chapter.

(2) A local enforcement agency shall not require a microenterprise home kitchen operation to comply with food safety requirements that are different from, or in addition to, the requirements of this chapter.

(e) For purposes of permitting, the permitted area includes the home kitchen, onsite consumer eating area, food storage, utensils and equipment, toilet room, janitorial or cleaning facilities, and refuse storage area. Food operations shall not be conducted outside of the permitted areas.

(f) A local enforcement agency may require a microenterprise home kitchen operation to renew its permit annually.

(g) A permit, once issued, is nontransferable. A permit shall be valid only for the person and location specified by that permit, and, unless suspended or revoked for cause, for the time period indicated.

(h) The permit, or an accurate copy thereof, shall be retained by the operator onsite and displayed at all times the microenterprise home kitchen operation is in operation.

(i) A local enforcement agency may collect a fee for the issuance of a permit pursuant to this chapter in an amount that does not exceed the reasonable administrative costs by the local enforcement agency in issuing the permit.

(j) Notwithstanding any other law, if there are multiple local agencies involved in the issuance of any type of permit, license, or other authorization to a microenterprise home kitchen operation, the governing body of the city or county, or city and county, shall designate one lead local agency that shall be vested with the sole authority to accept all applications for, to collect all fees for, and to issue, any permit, license, or other authorization required for a microenterprise home kitchen operation to operate in the city or county, or city and county. A local agency other than the lead local agency shall not accept any applications for, collect any fees for, nor issue, any permits for the same purpose.

How to make customers happy and avoid complaints and inspections

Section 114367.3 is all about consumer complaints that may trigger inspections.

PRO TIP: Every home food business entrepreneur should take an online ServSafe safe food handling course. It is cheap and even if you have been cooking for 50 years, I guarantee you will learn something important. You will sell more by giving your customers confidence about your professionalism!

(a) Notwithstanding any other law, after the initial inspection for purposes of determining compliance with this chapter, a microenterprise home kitchen operation shall not be subject to routine inspections, except that a representative of a local enforcement agency may access, for inspection purposes, the permitted area of a microenterprise home kitchen operation after the occurrence of either of the following:

(1) The representative has provided the microenterprise home kitchen operation with reasonable advance notice.

(2) The representative has a valid reason, such as a consumer complaint, to suspect that adulterated or otherwise unsafe food has been produced or served by the microenterprise home kitchen operation, or that the microenterprise home kitchen operation has otherwise been in violation of this part.

(b) Notwithstanding any other law, a microenterprise home kitchen operation shall not be subject to more than one inspection each year by the local enforcement agency, except in cases in which the local enforcement agency has valid reason, such as a consumer complaint, to suspect that adulterated or otherwise unsafe food has been produced or served by the microenterprise home kitchen operation, or that the microenterprise home kitchen operation has otherwise been in violation of this part.

(c) The local enforcement agency shall document the reason for the inspection, keep that documentation on file with the microenterprise home kitchen operation’s permit, and provide the reason in writing to the operator of the microenterprise home kitchen operation.

(d) Access provided under this section is limited to the permitted area of the microenterprise home kitchen operation, during the posted operating hours of the microenterprise home kitchen operation, and solely for the purpose of enforcing or administering this part.

You may have to pay for the inspection! (e) A local enforcement agency may seek recovery from a microenterprise home kitchen operation of an amount that does not exceed the local enforcement agency’s reasonable costs of inspecting the microenterprise home kitchen operation for compliance with this part if the microenterprise home kitchen operation is found to be in violation of this part.

What signage and events can I have? Not much… you need to keep your residential neighbors happy.

Section 114367.4 is about keeping neighbors happy.

(a) (1) A city, county, or city and county shall not prohibit the operation of, require a permit to operate, require a rezone of the property for, or levy any fees on, or impose any other restriction on, a microenterprise home kitchen operation in any residential dwelling for zoning purposes.

A microenterprise home kitchen operation shall be a permitted use of residential property in any residential dwelling for zoning purposes if the microenterprise home kitchen operation complies with both of the following criteria:

No signage allowed outside. (A) Abstain from posting signage or other outdoor displays advertising the microenterprise home kitchen operation.

Keep quiet. (B) Be in compliance with applicable local noise ordinances.

(2) This subdivision does not supersede or otherwise limit the investigative and enforcement authority of the city, county, or city and county with respect to violations of its nuisance ordinances.

(b) The use of a residence for the purposes of a microenterprise home kitchen operation shall not constitute a change of occupancy for purposes of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code), or for purposes of local building and fire codes.

(c) A microenterprise home kitchen operation shall be considered a residence for the purposes of the State Uniform Building Standards Code and local building and fire codes.

What food delivery is allowed?

Section 114367.5. says:

Only employees, family members or roommates can deliver. (a) A person delivering food on behalf of a microenterprise home kitchen operation with a permit issued pursuant to Section 114367.2 shall be an employee of the operation or a family member or household member of the permitholder, and, if the person drives a motor vehicle in the delivery of the food, the person shall have a valid driver’s license.

You’re in charge. (b) The microenterprise home kitchen operation shall keep on file a copy of the valid driver’s license of a person delivering food on behalf of the operation.

How do I choose which app or website to promote and sell my homemade meals on?

Step 1: Be smart and safe.

Especially if you are directly paying the app or website — rather than having people pay you through Venmo or Square, which are perfectly fine ways for you to be paid as long as you track your sales — be sure they are following the law.

There may be people who try to take advantage of new home chefs, and you don’t want to be one of those!

Merely publishing an advertisement for the microenterprise home kitchen operation or food cooked therein does not make the publisher an Internet food service intermediary.

The rules “Internet food service intermediaries” must follow

Section 114367.6. outlines the rules for Internet food service intermediaries which is important to read if you are going to list your business on an app or website that derives revenues from advertising or takes a fee from food sales.

Services offered by an Internet food service intermediary to a microenterprise home kitchen operation may include, but are not limited to:

allowing a microenterprise home kitchen operation to advertise its food for sale and
providing a means for potential consumers to arrange payment for the food, whether the consumer pays directly to the microenterprise home kitchen operation or to the Internet food service intermediary.

I have summarized the information that a homemade food business should know; if you are starting a business to help Microenterprise Kitchen Operators sell through your platform, read all the rules directly on the AB626 website.

An Internet food service intermediary that lists or promotes a microenterprise home kitchen operation on its Internet Web site or mobile application shall meet all of the following requirements:

(1) Be registered with the department.

(2) Post on its Internet Web site or mobile application the requirements for the permitting of a microenterprise home kitchen.

They also must:

Clearly state the fees on its Internet Web site or mobile application the fees and notify themicroenterprise home kitchen operations of any changes to these fees exceeding a 2-percent increase in writing and no later than one month before the changes take effect.

Provide info on insurance coverage. They must cearly and conspicuously post on its Internet Web site or mobile application whether or not it has liability insurance that would cover any incidence arising from the sale or consumption of food listed or promoted on its Internet Web site or mobile application.

(If they don’t have insurance, you might want to get your own insurance.)

Include a permit number field. Provide a dedicated field on its platform for a microenterprise home kitchen operation to post the permit number.

Service provider contact information.Clearly and conspicuously post how a consumer can contact the Internet food service intermediary with food safety or hygiene complaint and a link to the department’s Internet Web site that contains information for how to file a complaint with the local enforcement agency.

The website or app needs to help law enforcement in case of problems. They must submit the name and permit number of a microenterprise home kitchen operation to the local enforcement agency if it receives, through its Internet Web site or mobile application, three or more unrelated individual food safety or hygiene complaints in a calendar year from consumers that have made a purchase through its Internet Web site or mobile application.

This is very important and why you need to keep customers happy and healthy: If it is notified by the local enforcement agency of significant food safety related complaints from a verified consumer that has made a purchase through its Internet Web site or mobile application, submit to the local enforcement agency the name and permit number of microenterprise home kitchen operation where the food was purchased, and a list of consumers who purchased food on the same day from that microenterprise home kitchen operation through its Internet Web site or mobile application.

They may collaborate with the health department. Prior to the listing or publication of a microenterprise home kitchen operation’s offer of food for sale, obtain consent from the microenterprise home kitchen operation to make the disclosures to government entities required pursuant to this section.

Enforcement officials can visit your home kitchen operation to determine compliance issues.

SEC. 7. Section 114390 of the Health and Safety Code reads:

(a) Enforcement officers shall enforce this part and all regulations adopted pursuant to this part.

(b) (1) For purposes of enforcement, any authorized enforcement officer may, during the facility’s hours of operation and other reasonable times, enter, inspect, issue citations to, and secure any sample, photographs, or other evidence from a food facility, cottage food operation, or any facility suspected of being a food facility or cottage food operation, or a vehicle transporting food to or from a retail food facility, when the vehicle is stationary at an agricultural inspection station, a border crossing, or at any food facility under the jurisdiction of the enforcement agency, or upon the request of an incident commander.

This does not apply to microenterprise home kitchens since you are not allowed to make food that requires a HAACP plan: (2) If a food facility is operating under an HACCP plan, the enforcement officer may, for the purpose of determining compliance with the plan, secure as evidence any documents, or copies of documents, relating to the facility’s adherence to the HACCP plan. Inspection may, for the purpose of determining compliance with this part, include any record, file, paper, process, HACCP plan, invoice, or receipt bearing on whether food, equipment, or utensils are in violation of this part.

You may be inspected to verify your annual sales. (3) The enforcement officer may, for the purpose of determining compliance with the gross annual sales requirements for operating a microenterprise home kitchen operation or a cottage food operation, require those operations to provide copies of documents related to determining gross annual sales.

Inspection officials need to present identification. (c) Notwithstanding subdivision (a), an employee may refuse entry to an enforcement officer who is unable to present official identification showing the enforcement officer’s picture and enforcement agency name. In the absence of the identification card, a business card showing the enforcement agency’s name plus a picture identification card such as a driver’s license shall meet this requirement.

YOU MUST ALLOW INSPECTORS / OFFICIALS TO ENTER.(d) It is a violation of this part for any person to refuse to permit entry or inspection, the taking of samples or other evidence, access to copy any record as authorized by this part, to conceal any samples or evidence, withhold evidence concerning them, or interfere with the performance of the duties of an enforcement officer, including making verbal or physical threats or sexual or discriminatory harassment.

Officials will write a report about their visit and findings. (e) A written report of the inspection shall be made, and a copy shall be supplied or mailed to the owner, manager, or operator of the food facility.

RESOURCES TO GET STARTED

The law is not in effect until January 1, 2019. Before then, work on your planning. Copy and paste these questions into another document to use for your planning:

What food are you great at making that qualifies as legal and that your neighbors will buy from you?
Figure out how much you can charge and if you can make a profit. Remember the less ingredients cost, the more profit you will make. Shopping at Costco or at Amazon (through the ad below) is the best way to get bulk discounts. Sprouts Farmers Market also has great bulk prices.
Get ServSafe certification. You need to have a very clean kitchen with clean and cold food storage to avoid any problems.
Read the permitting laws, above, to make sure your home and kitchen quality and to help you figure out what your expenses will be.

Please send me updates and corrections.

Please share this with Spanish speaking home chef friends:

Cómo iniciar legalmente un negocio de comidas caseras en California

Traduzca a Español las reglas para fabricar y vender alimentos / comidas frescas como los tamales y enchiladas desde su hogar, a partir del 2019 en California con Google Translate.

How to Start a Microenterprise Homemade Meal Business in California

As of January 1, 2019 home chefs in California can legally make and sell meals at home to neighbors as “microenterprise home kitchen operations”—provided that your county opts in to participate in this law.

This law is different from theCalifornia Homemade Cottage Food Law which licenses home chefs to produce packaged, shelf-stable foods.

How California’s Microenterprise Homemade Food Law Works

For all the details about the law, see Assembly Bill AB 626. I’ve tried to simplify the rules here. Your local health department / county has the option to NOT participate in the law.

Your county’s health department should have all of the specifics and process if you can apply when the state law goes into effect Jan. 2019 (or who you need to contact to advocate for your county to support this law, if need be):

What is a Microenterprise Home Kitchen Operation?

The Microenterprise Home Kitchen Operation must meet all of the following requirements:

Which food and food preparation methods are NOT allowed?

(b) “Microenterprise home kitchen operation” does not include either of the following:

Who approves the kitchens to operate?

How you can promote and sell to consumers

You will get in trouble if your food buyers complain or have problems.

Does my home-based food business and kitchen need to follow the same rules as restaurants?

Can I sell cookies, candy, churros and granola by following this law?

How will the Microenterprise Home Kitchen food business application process work?

How to make customers happy and avoid complaints and inspections

PRO TIP: Every home food business entrepreneur should take an online ServSafe safe food handling course. It is cheap and even if you have been cooking for 50 years, I guarantee you will learn something important. You will sell more by giving your customers confidence about your professionalism!

What signage and events can I have? Not much… you need to keep your residential neighbors happy.

What food delivery is allowed?

How do I choose which app or website to promote and sell my homemade meals on?

Step 1: Be smart and safe.

The rules “Internet food service intermediaries” must follow

Enforcement officials can visit your home kitchen operation to determine compliance issues.

SEC. 7. Section 114390 of the Health and Safety Code reads:

RESOURCES TO GET STARTED

Please send me updates and corrections.

Please share this with Spanish speaking home chef friends:

Cómo iniciar legalmente un negocio de comidas caseras en California

Traduzca a Español las reglas para fabricar y vender alimentos / comidas frescas como los tamales y enchiladas desde su hogar, a partir del 2019 en California con Google Translate.

Related Posts:

How to Start a Food Business in California With the Cottage Food Law

Categories

Sweet Book Press

As of January 1, 2019 home chefs in California can legally make and sell meals at home to neighbors as “microenterprise home kitchen operations”—provided that your county opts in to participate in this law.

This law is different from theCalifornia Homemade Cottage Food Law which licenses home chefs to produce packaged, shelf-stable foods.

How California’s Microenterprise Homemade Food Law Works

For all the details about the law, see Assembly Bill AB 626. I’ve tried to simplify the rules here. Your local health department / county has the option to NOT participate in the law.

Your county’s health department should have all of the specifics and process if you can apply when the state law goes into effect Jan. 2019 (or who you need to contact to advocate for your county to support this law, if need be):

What is a Microenterprise Home Kitchen Operation?

The Microenterprise Home Kitchen Operation must meet all of the following requirements:

Which food and food preparation methods are NOT allowed?

(b) “Microenterprise home kitchen operation” does not include either of the following:

Who approves the kitchens to operate?

How you can promote and sell to consumers

You will get in trouble if your food buyers complain or have problems.

Does my home-based food business and kitchen need to follow the same rules as restaurants?

Can I sell cookies, candy, churros and granola by following this law?

How will the Microenterprise Home Kitchen food business application process work?

How to make customers happy and avoid complaints and inspections

PRO TIP: Every home food business entrepreneur should take an online ServSafe safe food handling course. It is cheap and even if you have been cooking for 50 years, I guarantee you will learn something important. You will sell more by giving your customers confidence about your professionalism!

What signage and events can I have? Not much… you need to keep your residential neighbors happy.

What food delivery is allowed?

How do I choose which app or website to promote and sell my homemade meals on?

Step 1: Be smart and safe.

The rules “Internet food service intermediaries” must follow

Enforcement officials can visit your home kitchen operation to determine compliance issues.

SEC. 7. Section 114390 of the Health and Safety Code reads:

RESOURCES TO GET STARTED

Subscribe for business tips & updates

Please send me updates and corrections.

Please share this with Spanish speaking home chef friends:

Cómo iniciar legalmente un negocio de comidas caseras en California

Traduzca a Español las reglas para fabricar y vender alimentos / comidas frescas como los tamales y enchiladas desde su hogar, a partir del 2019 en California con Google Translate.

Related Posts:

Categories

Sweet Book Press

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