California Microenterprise Food Kitchen Law
Want to sell some cookies you made at home? Until now, in California and other states, you would be a criminal for doing so unless you had separate oven and kitchen facilities just for your sales. No one has that, and as a result small-time cooks were barred from sales.
No more.
In a common sense approach, especially in the age of farm to fork, California now allows small home-based sellers to sell their yummy wares.
The 2018 law is found in AB 626 for homemade food. This is what it provides:
A new "microenterprise food kitchen" is recognized. It is also known as a "MHK". This is someone making food in the private home. The requirements to be a microenterprise home kitchen are:
Requirements for Home Based Food Sellers
1. You can not have more than one full-time equivalent employee who is not a family or household member. Thus, you can have one full-time employee or two part-time employees, and unlimited members of your family or household helping in the operation.
2. The food is cooked and served the same day.
3. The food is eaten in the home, or picked-up by a consumer or delivered with a safe time period.
4. The food cannot involve processes requiring a HACCP plan, or raw milk products or raw oysters. Basically, this is food that is potentially hazardous and needing temperature controls to limit pathogens or toxins.
5. No more than 30 meals per day or 60 meals per week can be made. A local government agency can decrease these numbers. 60 sales per week puts a yearly limit of 3120 sales. A $50,000 gross revenue limit for 3120 sales is $16 per sale. The 30 meals per day / 60 meals per week also refers to the "approximately equivalent of meal components when sold separately". Thus, if you are selling cookies and 4 cookies make a meal then multiply the numbers by 4. Note: it is unclear how one determines what an equivalent meal component is. Is it four cookies? Five? Six?
7. Gross income from sales is limited to $50,000 per year.
8. Food can only be sold direct to consumers. You cannot sell to a wholesaler or retailer. You can sell online. You can sell online through an intermediary.
9. A permit is required before opening for business. Written operating procedures about how the business will be run are required. The Department of Public Health website will have information about getting a permit.
10. The operator must pass a food safety certification examination.
Requirements Home Sellers Are Exempt From Complying With
A microenterprise food kitchen will be exempt from these requirements:
- Needing a separate handwashing sink so long as the kitchen sink has hot and cold water.
- Not having to prohibit the presence of persons not involved in making the food.
- Not need to post no smoking signs.
- Not having to limit employees from smoking or eating or drinking except in specified areas.
- Not having to limit customer access to the kitchen.
- Not having to comply with outdoor food display requirements.
- Not having to provide cups and silverware for second portions or refills.
- Not needing to have certification of equipment and utensils.
- Not having to comply with food contact surface requirements, so long as the surface smooth, can be cleaned easily, and is in good condition.
- Not needing clean in place equipment.
- Not needing to comply with ventilation requirements so long as gas and smoke and escape from the kitchen.
- Not needing to comply with requirements for fixed mounted equipment.
- Not needing dedicated laundry. However, any linens used with the microenterprise food kitched must be washed separately from household laundry.
- Not needing to comply with waste, plumbing and water requirements.
- Not needing to comply with toilet requirements.
- Not needing to comply with lighting requirements, so long as the area is well lit.
- Not needing to provide lockers or a dressing area.
- Not needing to limit animals - although pets need to be kept out of the kitchen during food preparation.
- Not needing to comply with surface requirements for ceilings, floors and walls.
- Not needing to comply with local food inspections.
- Not needing to comply with limitations or prohibitions on using a kitchen in a private home to make and sell food.
- Not having to comply with planning and zone requirements.
Whew. That is a lot of requirements commercial kitchens must follow.
Note: At the time of this article AB 626 has passed the California legislature but has not yet been signed into law by the Governor.
