The Mercury News

County legalizing home kitchen eateries

Cooks must get permit from health department and will be subject to inspection­s, officials say

- By Annie Sciacca asciacca@bayareanew­sgroup.com

Alameda County residents will soon be able to legally prepare and sell home-cooked meals.

County supervisor­s Tuesday passed the first reading of an ordinance permitting such operations. The ordinance creates a process for cooks to get permits for what are known as microenter­prise home kitchen operations, or MEHKOS, which were mostly illegal throughout California until a state law was passed in September 2018.

That legislatio­n, Assembly Bill 626, allows counties to opt in and permit MEHKOs within their jurisdicti­on.

“Let’s not criminaliz­e people anymore for cooking to survive,” said Lee Thomas, a former San Leandro City Council member who runs a home-based barbecue and grilling business and advocates for other home cooks through COOK Alliance, which has championed the legislatio­n.

In an interview after the vote, Thomas said the economic fallout of COVID-19 has made the need for such an ordinance more urgent than ever. Many in the restaurant industry who are out of work have turned to cooking meals for others as a way to scrape by financiall­y, he said.

“This is a COVID response. It’s going to take two years for the economy to rebuild, for people to recover,” Thomas said. “Many are looking at it like, I’m just trying to support my family.”

There also has been a demonstrat­ed need and desire for small home food businesses, Thomas said. When the pandemic first hit, neighbors and clients turned to him for the smoked and grilled meats they couldn’t get at picked-over grocery stores or shuttered restaurant­s but that he sells through his barbecue and catering business, GrilleeQ.

Even as restrictio­ns have lifted, he said some of his clients come to him because they don’t feel safe going to crowded downtowns and certain stores.

In addition to being a tool for some to make a living at a time when COVID-19 has ravaged economic conditions, some cooks say the permission to start a home food business can help them build careers in an industry where the startup costs for a restaurant can be hundreds of thousands of dollars.

“The legalizati­on of microenter­prise home kitchens allows me to pursue my dream of opening a restaurant,” Berkeley resident Brian Farb said during the supervisor­s’ meeting.

Though there won’t be a cap on how many home kitchens can operate in the county, or what type of home they are allowed to operate in, the cooks will have to obtain a permit from the county health department, to the tune of a yearly $696 fee, and will be subject to inspection­s.

Each microbusin­ess will be limited to serving 30 meals per day or 60 meals per week, and each business cannot have more than $50,000 in verifiable gross annual sales.

The food must be prepared, cooked and served on the same day, and each business can have the equivalent of one full-time food employee, other than members of the household or family.

Alameda County follows Riverside and Santa Barbara counties and the city of Berkeley in passing similar ordinances to allow for the home food operations, and others are considerin­g them.

Some who have worked with cooks in Riverside County told the supervisor­s during the meeting that it has been a smooth process.

Akshay Prabhu, founder of Foodnome, an online marketplac­e for home cooks to sell food, said there had been no food safety issues in Riverside County and few — if any — complaints about noise or traffic associated with the businesses.

“These cooks are trained food managers, taking utmost care in growing and presenting their business,” Prabhu said. “It’s really a great way to provide some regulation and guidelines for these vendors to make a meaningful income and do so safely.”

Supervisor Nate Miley expressed concern about how to ensure home cooks follow the rules of the permits, but health department officials said permits could be revoked for noncomplia­nce and assured the board that the businesses will be subject to inspection­s and investigat­ions of complaints, just as restaurant­s are.

The board voted unanimousl­y Tuesday to pass the first reading of the ordinance, which will take effect if passed upon a second reading May 18.

“The restaurant industry has been hit incredibly hard during the pandemic, and providing a way for individual­s to continue using their culinary skills to

support themselves by selling products made at home is needed now more than ever,” said Board of Supervisor­s President Keith Carson in a statement after the vote.

“Alameda County is proud to be one of the first counties to opt in to this law, which will remove barriers for budding entreprene­urs to start and grow a business in a way that is more affordable, and particular­ly for marginaliz­ed communitie­s, provide greater opportunit­y to get their products into the marketplac­e,” he added.

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