Home Kitchen Operations

home kitchen

Prior to 2012, under the California Retail Food Code (CRFC), food sold to consumers was required to be made at an inspected commercial kitchen. When the California Homemade Food Act, known as “cottage food operations”, was enacted in 2013, certain low-risk food products that do not require refrigeration, such as bread, pie, fruit jam, and dried food, could be made in private home kitchens, and sold to consumers under limited conditions.

On September 18, 2018, Governor Brown signed Assembly Bill 626 (AB 626), California Retail Food Code: Microenterprise Home Kitchen Operations. This bill established a “microenterprise home kitchen operation (“MEHKO”) as a new category of retail food facility that Cities or counties have the ability to opt in and authorize a local MEHKO program.  MEHKOs cannot operate or be permitted until authorization is approved.   

 Microenterprise Home Kitchen Operations (MEHKO)

On September 18, 2018, Assembly Bill 626, California Retail Food Code (CRFC): Microenterprise Home Kitchen Operations (MEHKO), was signed by Governor Brown. This bill amends state law, the California Retail Food Code, and establishes a “microenterprise home kitchen operation” as a new type of retail food facility. Microenterprise Home Kitchen Operations, referred to as MEHKOs, are like a mini restaurant in a private residence operated by the resident.   

Effective January 1, 2019, the County or a city in the region will be able to authorize MEHKOs. However, the new law gives a city or county “full discretion” to authorize the MEHKOs in their jurisdiction. Until a county or a city authorizes these types of operations, MEHKOs will not be able to be issued a health permit.

The County of San Diego Department of Environmental Health (DEH) will present options to the County Board of Supervisors for consideration. These options are expected to be considered at a Board of Supervisor hearing on February 13, 2019 regarding the new law; however, hearing dates are tentative and subject to change. Options could include the County authorizing MEHKOs countywide which includes all cities, the County not authorizing MEHKOs, or the County authorizing only in the unincorporated areas and each city deciding whether to authorize MEHKOs in their city.  Wherever MEHKOs are authorized, the County will be the permitting jurisdiction for Food Code purposes.  Therefore, DEH will monitor whether local cities authorize MEHKOs to operate within that city.

To view upcoming County Board of Supervisor’s meeting dates and agendas, please visit: https://www.sandiegocounty.gov/bos/calendar.html

For questions regarding the new law, please refer to the MEHKO FAQs page.
 

 Cottage Food Operations (CFO)

Prior to 2012, under the California Retail Food Code (CRFC), food sold to consumers was required to be made at an inspected commercial kitchen. When the California Homemade Food Act, known as “cottage food operations”, was enacted in 2013, certain low-risk food products that do not require refrigeration, such as bread, pie, fruit jam, and dried food, could be made in private home kitchens, and sold to consumers under limited conditions.

The Department of Environmental Health (DEH) has recently implemented operational changes to our Cottage Food Program.  These changes were made to help maintain low registration/permit fees and to further streamline the application review process for potential operators.  New applicants are required to submit at least one product label for each food category sold and the initial fee includes the review of up to ten (10) product labels.  Once a registration or permit is issued, operators can add products throughout the year without prior product label review by DEH.  For those vendors who wish to ensure that all of their product labels meet the Cottage Food Labeling Requirements, DEH will review product labels beyond the initial ten (10) labels or as new product labels are added throughout the year to verify product labels meet the labeling requirements.  The fee for this optional label review of any labels beyond the initial ten (10) labels will be assessed at our current hourly rate, available in ½ hour increments. 

Cottage food operators must ensure that all of the products they are selling are on the Cottage Food Operations (Approved Food List) as maintained by the California Department of Public Health, and meet the labeling requirements for all products beyond those reviewed by DEH.  Additional fees will apply for investigation of valid complaints and re-inspections related to improperly labeled products or unapproved products offered for sale.

All cottage food operators will have to meet specified requirements pursuant to the California Health & Safety Code related to preparing foods that are on the approved food list. A food processor training course must be completed within three months of approval of the cottage food operation (CFO). The CFO must implement sanitary conditions, maintain food labels in accordance with federal and state regulations and comply with established gross annual sales limits.

Additional information from the California Department of Public Health may be found here.

 CFO Application Submission
Please complete the appropriate application packet and either submit in person at our Kearny Mesa Location (5500 Overland Ave. San Diego, CA 92123), or by email FHDCottageFood@sdcounty.ca.gov. 
NOTE: Please remember to submit all necessary application information to avoid delays in the approval process.

 How to Pay Online
Pay Online at www.dehpay.com - click on the DEH tab. If you have any questions regarding payment instructions, please contact (858) 694-3614.

Please DO NOT submit payment with your application. Once the application is approved, DEH will send you a payment invoice with instructions for making payment.

 

 Documents and Resources

Fillable documents may not work in all browsers. To ensure proper functionality of the fillable PDF application packets, please download the PDF to your computer prior to filling it out. Ensure you have the most updated version of Adobe Acrobat. Once completed, email the documents to FHDCottageFood@sdcounty.ca.gov. 


Microenterprise Home Kitchen Operation (MEHKOs) FAQs:  PDF
(More documents to follow pending city/county program opt in.)

Do You Qualify as a Cottage Food Operation?   Flow Chart Screening PDF
Application Submittal Requirements Checklist: PDF
Class A CFO Registration Packet: Full Packet   |   Application Only
Class B CFO Permit Packet: Full Packet   |   Application Only
Class B Pre-Inspection Checklist: PDF
Cottage Food Operation Inspection Report:  PDF
Label Requirements Guidance Document: PDF
 Label Requirements for Allergens:  PDF
Additional Label Submittal Application:  PDF
 San Diego Cottage Food Potable Water Requirements:   PDF
San Diego County Cottage Food FAQs: PDF
Training Options:   State Food Processor Course  or  San Diego County Approved Courses
Zoning Requirements:   Permit/License Requirements from your City of Residence

California Department of Public Health:  Cottage Food Operations (Approved Food List)
 California Cottage Food FAQs:  English   
Cottage Food Law:   California Health & Safety Code §114365-§114365.6


Should you have any questions or comments, please contact our Food and Housing Duty Specialist at (858) 505-6900 or email FHDCottageFood@sdcounty.ca.gov.