To: GENERAL GOVERNMENT STANDING COMMITTEE
From: Public Health
Meeting Date: October 23, 2024
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Department Contact: |
Marlayna Duley |
Phone: |
707-234-6625 |
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Time Allocated for Item: 1 Hour |
Agenda Title:
title
Discussion and Possible Action Including a Recommendation to the Board to Either Authorize or Prohibit a Microenterprise Home Kitchen Operation (MEHKO) Program for the Incorporated and Unincorporated Areas of Mendocino County
(Sponsor: Environmental Health)
End
Recommended Action/Motion:
recommendation
Provide a recommendation to the Board to either authorize or prohibit a Microenterprise Home Kitchen Operation (MEHKO) Program for the incorporated and unincorporated areas of Mendocino County.
End
Previous Board/Board Committee Actions:
May 7, 2024, authorized the Director of Environmental Health or designee to sign the MEHKO Block Grant Acceptance Agreement letter dated February 15, 2024, authorized the Director of Environmental Health or designee to accept awarded funds for use in FY 24/25.
July 23, 2024 Supervisor Haschak requested of the full board to recommend EH bring this proposed program forward to the GGC for subsequent BOS review.
Summary of Request/Referral:
State law, the California Retail Food Code (CRFC), establishes uniform health and sanitation standards at the State level for the regulation of retail food operations (food facilities) to prevent foodborne illness. The CRFC defines a food facility as an operation that stores, prepares, serves, sells, or otherwise provides food for human consumption at the retail level, and includes restaurants, mobile food trucks, grocery stores, delis, food carts, schools and cottage food operations. The Division of Environmental Health (DEH) is the local enforcement agency of the CRFC for all 3 incorporated cities (local jurisdictions), as well as the unincorporated communities in the county. DEH implements a food program conducting inspections focusing on compliance with the CRFC and reviewing food handling practices to protect the public’s health and prevent the incidence of foodborne illness.
Prior to 2012, California required food sold to consumers be made at inspected commercial kitchens. In 2013, the California Homemade Food Act allowed, certain low-risk food products not requiring refrigeration, such as bread, pie, fruit jam, and dried food, to be made in private home kitchens and sold as a fully packaged and labeled product to consumers. These operations, commonly known as cottage food operations, provide an opportunity for home cooks to start a small business.
In 2019, the enactment of Assembly Bill (AB) 626, California Retail Food Code: Microenterprise Home Kitchen Operations expanded the opportunity for home cooks to operate a small business. This law established a microenterprise home kitchen operation (MEHKO) as a new type of restricted food service facility in the CRFC. Once authorized, MEHKOs home cooks can prepare and sell a wide range of foods in a home kitchen (like a mini restaurant), including foods that require time and temperature control in order to prevent bacteria growth, such as meat, fish, poultry, and dairy products.
MEHKOs cannot operate or be permitted until authorization is granted by the governing body of the local enforcement agency. The County of Mendocino (County) Board of Supervisors (Board), as the governing body of DEH, has the authority to authorize a local MEHKO program for the entire Mendocino County. If approved, the Board would be authorizing MEHKOs for both the unincorporated communities and the 4 incorporated cities in the county.
If authorized throughout Mendocino County, MEHKOs will be subject to the requirements established in the CRFC. The CRFC exempts MEHKOs from specific standards normally required for a food facility, primarily to accommodate the differences between a home kitchen and a commercial kitchen.
The CRFC prohibits jurisdictions from imposing restrictions on MEHKO for zoning purposes, or requiring additional permits to operate, other than a health permit. Local jurisdictions can, however, investigate and enforce their regulations. Each jurisdiction is responsible for enforcing its own related regulations, including but not limited to code compliance.
As the governing body for the unincorporated communities in the county, the County is responsible for ensuring the unincorporated communities are safe and sustainable.
The recommendations for the General Government Committee are to provide direction regarding authorization of a MEHKO program for the county by selecting one of the following options:
• Option A - Authorize a Microenterprise Home Kitchen Operations Program
• Option B - Decline to Authorize a Microenterprise Home Kitchen Operations Program
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: MEHKOs Block Grant(s) and proposed Fees |
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current f/y cost: 0 |
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budget clarification: N/A |
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annual recurring cost: Unknown at this time |
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budgeted in current f/y (if no, please describe): Yes |
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revenue agreement: No |
CEO Liaison: Steve Dunnicliff, Deputy CEO
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Deputy Clerk |
Final Status: Item Status |
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Date: Date Executed |
Executed Item Type: item |
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Number: |
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