Home Restaurants (MEHKOs):
Frequently Asked Questions

What is a Microenterprise Home Kitchen Operation (MEHKO)?

 A MEHKO is a small-scale food business that allows residents to prepare, cook, and sell food directly to consumers from their permitted home kitchen. These types of home-based businesses offer a much more affordable path into culinary entrepreneurship than traditional food establishments. MEHKO regulations require that all food be prepared and served within the same day, either as dine-in, take-out, or delivery.


What are the benefits of MEHKOs?

Empowerment & Equity – Creates an inclusive pathway that empowers entrepreneurs to generate income and test out their business models at minimal cost, particularly benefiting individuals often marginalized in traditional business sectors, including women, immigrants, low-income families, and people of color.

Legitimacy & Improved Safety – Enhances consumer protection by introducing public health regulations and oversight in an unregulated food sector, while decriminalizing informal businesses so entrepreneurs can market openly and access support without fear of fines or penalties.

Flexibility & Resiliency – Provides caretakers and those needing to work from home the flexibility to set their own schedule and earn extra income, while creating adaptable, locally-rooted entrepreneurial opportunities that strengthen economic resilience during industry changes or unexpected disruptions.

Improved Food Access & Sustainability – Supports access to fresh, healthy, and culturally appropriate food, especially for those in food deserts, while reducing food waste, supporting local producers, and fostering community participation in local food systems.


Are MEHKOs safe?

In the five years since California enacted the MEHKO program, home-based kitchens have maintained an outstanding food safety record. MEHKO operators are often highly committed to upholding strict cleanliness and food safety standards in their kitchens. Additionally, the direct, personal relationship many MEHKOs have with their customers encourages them to prioritize food safety, sometimes even more diligently than larger commercial establishments.


Are MEHKOs available everywhere? 

 No, MEHKOs are not available everywhere. In California, the California Homemade Food Act (AB 626), spearheaded by the COOK Alliance, laid the groundwork for legalizing MEHKOs and took effect in 2019.

However, each jurisdiction with a health department must opt in and pass an ordinance or resolution to permit MEHKOs. In California, this effectively means that each county must take action, as only four cities—Berkeley, Long Beach, Pasadena, and Vernon—have their own health departments. As a result, MEHKOs can only legally operate in counties or cities that have enacted such local measures. To date, these jurisdictions have opted in:

  • Alameda County

  • Amador County

  • City of Berkeley

  • Contra Costa County

  • Imperial County

  • Lake County

  • Los Angeles County

  • Monterey County

  • Riverside County

  • Santa Barbara County

  • San Benito County

  • Santa Clara County

  • Santa Cruz County*

  • San Diego County

  • San Mateo County

  • Sierra County

  • Solano County

  • Sonoma County*

* not yet issuing permits

Outside of California, other states are beginning to adopt similar laws. Notably, in 2021 Utah passed legislation allowing MEHKOs, showcasing the growth of home kitchen operations in different parts of the U.S.

Beyond California, the state of Utah passed legislation establishing a MEHKO program in 2021, and other states, including Washington, Minnesota, and Hawaii, have considered similar laws. COOK Alliance is dedicated to expanding these efforts to support home kitchen operations across the country.


How can I find MEHKOs near me? 

The COOK Alliance maintains a map of permitted MEHKOs, which can be found here.


What limitations do MEHKOs have?

MEHKOs have an annual sales cap of $100,000, adjusted annually for inflation. They are limited to serving up to 30 meals per day and a maximum of 90 meals per week. MEHKOs cannot be used for catering, and their food cannot be sold at events, farmers markets, or to wholesalers or retailers. Only one permit is allowed per household, and the MEHKO must operate from a primary residence, not a vacation home.


How is a meal defined?

A ‘meal’ refers to the amount or quantity of food intended to be consumed by one customer in a single sitting. A meal may include one or more of the following:

  • A main dish

  • Appetizers

  • Side dishes

  • Beverages

  • Baked goods

  • Desserts

This definition, clarified by the 2023 legislation AB 1325 passed by COOK Alliance, ensures that MEHKOs can specialize in selling only desserts, beverages, or other specific items—there is no requirement for a meal to include every type of dish. 

The amount of food that constitutes a single meal will vary depending on the type of food being served and the customer. For example, a meal for one customer might be three tamales, while for another, a single tamale could be considered a meal.


Are there restrictions on the types of food a MEHKO can prepare?

MEHKOs are allowed to serve a wide range of hot and cold foods, but are limited to low risk food processes. Higher risk foods are prohibited, including:

  • Raw oysters

  • Food containing THC or CBD

  • Homemade ice cream

  • Raw milk and raw milk products

  • Food smoked for preservation

  • Food acidifed or cured for preservation

  • Vacuum sealed food

  • Other foods that require a HACCP plan


How do MEHKOs advertise and sell food? 

MEHKOs can sell food in person, over the phone, online through their own websites, on social media, or through an IFSI (Internet Food Service Intermediary). An IFSI is a state-registered online platform that MEHKOs can use to sell food. One example is COOK Connect, operated by COOK Alliance. You can find the list of approved IFSIs here.

While MEHKOs can advertise on social media, they must include their permit number in all advertisements. Outdoor signage of any kind, regardless of size, is not permitted.


Can a MEHKO use a third-party delivery service, like DoorDash, to deliver food?

No, food must be handed directly to customers by the MEHKO operator or an employee/household member. MEHKOs can arrange for customers to dine in their home, pick up food to-go, or have an employee/household member deliver the food on their behalf. Third-party delivery services (such as DoorDash, UberEats, or Postmates) are not allowed for MEHKO food delivery.


Do MEHKOs Need to Collect Sales Tax?

Yes, MEHKOs, like any other business, are required to collect and remit sales tax. While there isn't a specific state-level category in the tax code for MEHKOs, the MEHKO law does not exempt them from this obligation.


Do MEHKOs have the option to sell food at farmers markets or temporary events?

No, a MEHKO operator cannot sell food at farmers markets or temporary events. MEHKO permits are limited to direct sales through home pick-up or delivery only and cannot be used to prepare food for sale at events.


Do I need to be a U.S. Citizen to start a MEHKO?

No, anyone can apply to have a MEHKO. You did not need any proof of citizenship nor a social security number to apply for a MEHKO permit. (Please note that County Environmental Health inspectors will come into your home to permit the kitchen, food storage and prep areas, and food consumption areas. 


Do I need a home occupation permit or need to consider zoning regulations for a MEHKO?

No, state law prevents cities and counties from requiring home occupation permits, land use permits, special permits, rezoning, or additional fees for operating a MEHKO from your home. Only the local health department has the authority to authorize MEHKOs, issue permits, and collect fees.

MEHKOs are unique in that although they are commercial entities, they are treated as residential properties for zoning purposes. This means MEHKOs must follow all ordinances that apply to other residences, such as noise regulations. A MEHKO may need to obtain a standard business license, as long as it is the same type of license required for any other business.


How do I apply for a MEHKO permit?

To start the application process, contact your local environmental health department. The basic steps are:

  1. Pass a Food Protection Manager Certification exam.

  2. Submit your application, including your menu and a Standard Operating Procedures (SOP) form.

  3. Pay the permit fee.

  4. Schedule and pass a home inspection.


Do I need special training to operate a MEHKO?

Yes, to operate a MEHKO, the operator must obtain the Food Protection Manager Certification, which ensures a thorough understanding of food safety practices. Training for this certification can be completed through an online course, usually taking about eight hours spread over several weeks, or you can choose to self-study and take the exam independently. Certification costs typically range from $70 to $200, depending on the provider and format. COOK Alliance provides a recommended list of approved providers (please contact us at hello@cookalliance.org for more info). Additionally, anyone else handling food for the MEHKO must have a food handler card.

Although not required for the permit, COOK Alliance offers COOK Academy, a free, eight-week educational program designed specifically for MEHKOs. More information about COOK Academy is available here.


Do I Need Insurance for My MEHKO?

While insurance isn’t a requirement for running a MEHKO, it’s highly recommended. Like any business, operating a MEHKO comes with certain risks. Accidents, food-related incidents, and liability issues can arise, so having insurance is a valuable way to protect the operator, customers, and the business itself.

Because MEHKOs are a relatively new type of business, it's important to work with insurance providers who understand and specifically cover home-based food operations. Standard insurance policies often don’t cover food businesses run from home kitchens, so be sure to carefully review policy details. COOK Alliance has created an in-depth insurance guide (please contact us at hello@cookalliance.org for more info).


How often will a MEHKO be inspected by the local environmental health inspectors?

After the initial permitting inspection, a MEHKO will go through one routine inspection per year. Additional inspections may be conducted in response to a complaint, or reason to suspect that unsafe food has been produced or served in the home. 


What areas of the MEHKO will be permitted and inspected?

The areas of a MEHKO that will be permitted and inspected include the home kitchen, onsite consumer eating area, food storage, utensils and equipment, toilet room, cleaning facilities, and refuse storage area.


Who can work for the MEHKO?

A MEHKO can have up to one full-time equivalent food employee. This means they can hire multiple part-time workers as long as their combined hours do not exceed 40 per week. The home cook can also receive help from family or household members in food preparation or storage, but these individuals are not considered employees of the MEHKO. Anyone working with food must have a food handler certification.


Can I operate a MEHKO if I am renting my home?

Yes, you can operate a MEHKO as a renter, but it's important to review your lease agreement first. Some landlords include clauses that prohibit home-based businesses. The COOK Alliance has a document for landlords that explains MEHKOs and can help address any concerns.

Even if you own your home, you may want to check with your Homeowners Association (HOA), as some HOAs have similar rules that prohibit home-based businesses.


What is the difference between a Cottage Food Operation (CFO) and a MEHKO?

MEHKO and CFO permits both allow people to cook and sell food from their homes, but there are some key differences. A CFO permit lets you make and sell non-perishable, shelf-stable foods approved by the California Department of Public Health, such as baked goods that don’t need refrigeration, jams, jellies, granola, and more. You can see the full list of approved CFO foods here. These foods can be sold directly to consumers, at temporary events with an additional permit, and even to retail food facilities if you have a CFO Class B permit.

MEHKOs, on the other hand, can prepare and sell perishable foods or foods that need refrigeration directly to consumers, like hot meals or cold dishes. However, MEHKOs aren’t allowed to sell at temporary events (such as farmers markets) or to other food facilities.


Can someone run both a MEHKO and a CFO at the same time?

No, California law does not permit an individual to operate both a MEHKO and a CFO from the same residence.


Can multiple people in the same residence each operate a CFO or MEHKO?

No, only one person is allowed to operate a CFO or MEHKO per residence. Multiple individuals cannot run separate CFOs or MEHKOs from the same household.


Can a MEHKO be used for sidewalk vending?

Yes, with approval, a MEHKO can serve as a commissary, which is an authorized location where food is prepared, to support up to two permitted food carts, known as Compact Mobile Food Operations (CMFOs). However, the CMFOs must be owned and operated by the MEHKO itself; it cannot act as a commissary for other businesses. 

This change was enacted in 2023 with SB 972, and some counties, including San Diego, Los Angeles, Santa Barbara, and Contra Costa, have incorporated this into their local MEHKO programs. In these counties, MEHKOs operating CMFOs may have higher limits and income caps. Regulations can vary by county, so it's best to contact your local health department for specific details.


Can I sell alcohol with my meals? 

To serve alcohol or allow people to bring alcohol and drink it on-premises, a separate permit from Alcohol and Beverage Control (ABC) is required. California offers two license types for home kitchens: one for beer and wine, and another that includes distilled spirits. ABC evaluates each application individually, and MEHKOs must comply with these regulations at all times, even when meals aren't served. For instance, alcohol consumption at home is prohibited between 2 a.m. and 6 a.m., similar to a bar. More details can be found here.

While this option is available, most MEHKOs choose not to pursue it because applying commercial alcohol regulations to a home setting can be challenging. Additionally, alcohol sales would count toward the gross revenue limit, which would reduce the overall amount of food that can be sold.


Can kids and pets be in a MEHKO?

While kids and pets can live in a home that has a MEHKO permit, they can’t be in food preparation areas during MEHKO operating hours.


Can a MEHKO use a wood-burning stove or BBQ? 

Yes, a MEHKO may use an open-air barbecue or outdoor wood-burning oven if it is operated on the same premises and within reasonable proximity to the MEHKO. The barbecue or oven must be kept out of public access and should not be located in an area that poses a fire hazard. It must also comply with applicable state health and safety requirements. Once the food is cooked on the barbecue, it should be brought back to the enclosed portion of the home kitchen for preparation and service.


Can homegrown fruits and vegetables be used in a MEHKO? 

Yes, however care should be taken to ensure all fruit and produce is grown and handled using best management practices associated with a community food producer and all produce must be thoroughly washed prior to use.


I want to start a MEHKO but my county hasn’t opted in. What should I do?

Reach out to your local health department to see if there are any plans to develop a MEHKO program in your area. You can also visit our advocacy page to learn more and find ways to get involved.


More questions?

Please email hello@cookalliance.org and we will do our best to reply with an answer as quickly as possible.


Last updated: Nov, 2024.