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HOME KITCHENS
Start your own food business right at home. Contra Costa Health offers two kinds of permits for home-based food operations.
Microenterprise Home Kitchen Operation
Effective June 20, 2024, the Contra Costa County Board of Supervisors approved a two-year pilot program for a new type of restaurant called a microenterprise home kitchen operation (MEHKO): a small-scale, home-based restaurant operated by a resident in a private home. MEHKOs can offer meals for dine-in, take-out, and/or delivery, and can also be used as a commissary for permitted food carts.
A microenterprise home kitchen operation (MEHKO) is a small-scale, home-based restaurant operated by a resident in a private home.
Homemade food can be sold by dine-in, take-out, or delivery.
Homemade food must be prepared, cooked, and sold on the same day.
Limited to selling no more than 30 meals per day and 90 meals per week.
Limited to the current gross annual sales limit.
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Obtain a valid Food Safety Manager Certificate
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Complete the MEHKO Application Packet:
MEHKO Health Permit Application
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Submit the application and pay the fee:
Application and payment can be submitted via U.S. mail, in person, or e-mail.
Acceptable forms of payment include cash, credit card (Visa, Mastercard, or Discover), personal check or money order payable to Contra Costa Environmental Health.
Applications are not processed without payment.
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Review the self-inspection checklist and prepare for the inspection.
Operating in residential areas, MEHKOs can impact the community. Be a good neighbor by following these best practices.
Trash
- Properly secure trash bags and avoid overfilling trash cans.
- Use leakproof, rodent-proof trash containers to prevent odors and pests.
- Arrange extra trash pick-ups with your waste disposal company if needed.
Noise
- Keep amplified music low and encourage quiet conversation.
- Stick to routine business houes and verify any local restrictions.
- Be mindful of noise after 10 pm.
Business Requirements
- Consult the City/County for specific regulations in your area.
- If renting, confirm with property owner that MEHKO operation is allowed.
- If you're in an HOA, ask them about operating a MEHKO.
Traffic
- Remind customers to drive safely.
- Stagger food pickup times to ease traffic.
- Ensure customers don't block streets or traffic flow.
Parking
- If possible, offer parking with a designated spot in your driveway.
- Consider delivering food if parking is limited.
Fire Prevention
- Clear combustible vegetation and materials within 100 feet of buildings.
- Move outdoor cooking appliances away from structures.
- Install and regularly test smoke and carbon monoxide alarms.
- Keep a compliant fire extinguisher within reach in the cooking area.
- Consult your local fire authority for specific regulations in your area.
Fat, Oil, and Grease
- Discard cooled fat, oil, and grease in the trash.
- Wipe pots, pans, and dishes before washing.
- Dispose of greasy or fatty food scraps in the trash or green waste bin, not the garbage disposal.
- Health Permit Application (Spanish)
- Standard Operating Procedure (Spanish)
- MEHKO Self-Attestation Form (Spanish)
- MEHKO Request for Change Form
- Credit Card Payment Form
- Fee Schedule
Forms and applications are also available in other languages (Chinese, Vietnamese, and Tagalog) and may be obtained in person or via e-mail.
- Food Safety Manager Certification/Food Handler Card Information Find an accredited food safety training provider using the link above. Contra Costa Environmental Health inspectors also teach the food safety manager certification class at local adult education centers listed below. Contact the school directly to enroll.
- Martinez Adult Education (English)
- Mt. Diable Adult Education (English)
- West Contra Costa Adult Education (English and Spanish)
- Internet Food Service Intermediary List Any MEHKO that wants to use a third-party platform (website or app) to advertise or sell food may only do so through an approved internet food service intermediary (IFSI). The IFSI must be registered with the California Department of Public Health – Food and Drug Branch.
- State- Certified Laboratories for Water Testing A MEHKO served by a private well must have the well water tested by a State-Certified Laboratory before receiving a permit. Requirements can be found in the MEHKO Standard Operating Procedures Form.
General Questions:
I am renting an apartment/home. Can I still apply for a MEHKO permit?
Yes. However, be sure to check with your landlord and review your lease agreement to see if operating a home-based business is allowed.
I am part of a Homeowner’s Association (HOA). Can I still apply for a MEHKO permit?
Yes. However, be sure to check the HOA Covenants, Conditions, and Restrictions (CC&Rs) to see if operating a home-based business is allowed.
I still have questions about the MEHKO permit. Who can I contact for help?
For additional assistance, please schedule a consultation.
Permitting Questions:
Can I apply for both a MEHKO permit and a CFO permit?
No, a private residence may only operate one type of home-based food business.
Can a single residence have more than one MEHKO?
No, only one MEHKO permit can be issued to a single residence.
Will my home be inspected?
Yes. An initial permitting inspection is required before the permit is issued to determine if the home kitchen meets requirements. In addition, a second inspection may be conducted before the end of the permit year.
What do you look for during the inspection?
The self-inspection checklist covers the main areas of the inspection.
What is the process for renewing a MEHKO permit?
The renewal process is the same as the initial application process. The operator must reapply every year by submitting the MEHKO Health Permit Application, required documents, and payment of fees.
Operating Questions:
Can I use third-party delivery services like UberEats, DoorDash, or GrubHub?
No, deliveries must be completed by an employee or family/household member of the MEHKO.
Can I prepare food in a MEHKO and sell at community events (Farmer’s Markets, festivals, etc.)?
No, food must be prepared in an approved commercial kitchen. Please check the Temporary Food Permits section of the Retail Food Webpage for more information.
Can I cater events with a MEHKO permit?
A MEHKO cannot conduct catering operations. State law defines a catering operation as a permitted food business that prepares food in an approved kitchen and serves the food at a separate, off-site location. Limited food preparation activities (heating, assembling, portioning, etc.) may also be conducted at the off-site location before serving. Please check the Catering Kitchens section of the Retail Food Webpage for more information.
Can a MEHKO be used as a commissary for mobile food trucks or trailers?
No, a commercial commissary is required for mobile food trucks or trailers. A MEHKO can be used as a commissary for up to two small, unenclosed, non-motorized food carts (compact mobile food operation, or CMFO). Please check the Mobile Food section of the Retail Food Webpage for more information.
My kitchen is small. Can I set up a kitchen in the front/back yard or the garage?
No, the kitchen inside the residence must be used.
I am moving to another residence within the county; can I continue operations at my new address?
Health permits are non-transferable. You will need to re-apply for a permit at the new residence.
How can I find out if a home kitchen is approved?
Our home kitchens search lists all currently active and permitted home-based food operations. Public advertisements should also reference the Contra Costa County permit number.
Cottage Food Operation
A cottage food operation (CFO) is a home-based operation that allows limited amounts of certain foods to be prepared in a home kitchen for retail sale. A cottage food operation can prepare and package non-potentially hazardous foods from home. The California Department of Public Health maintains a listing of foods approved to be sold from a private residence. Some examples of these foods include cookies, candies, jams/jellies, muffins, cakes, and pies. Only foods on the state listing are approved as cottage food products.
1. Ensure products are on the approved Cottage Food list
2. Review Cottage Food labeling requirements
3. Obtain valid Food Handlers Card
4. Complete the CFO application packet:
- Complete the CFO health permit application
- Complete the CFO product ingredients form
- Review the CFO product label requirements
- Provide sample product labels
- Pay the application and health permit fee
5. Prepare for the permitting inspection (Class B CFO only)
6. Obtain a home occupation permit. Contact your local City Planning and Zoning Department for application and approval
All cottage food operation (CFO) products must be properly labeled. CFO product labels must include the following information:
- The words “Made in a Home Kitchen” or “Repackaged in a Home Kitchen” as applicable, in 12-point type. Any purchased whole ready-to-eat product not used as an ingredient must be described
- The common name of the product, or an adequately descriptive name
- The name, city, state, and zip code of the CFO Street address must also be declared if the CFO is not listed in the current telephone directory.
- The registration or permit number
- The name of the county where the permit was issued
- The ingredients of the product, in descending order of predominance by weight, if the product contains two or more ingredients
- The net quantity (count, weight, or volume) of the product, in both English and metric units
- A declaration of any major food allergens in the product
- Labels must be legible and in English
Organic Claims
The use of the term “organic” indicates that a food or agricultural product has been produced according to United States Department of Agriculture organic standards. CFOs whose products are labeled “organic” must be registered with the appropriate state department: California Department of Food and Agriculture or California Department of Public Health. The gross annual sales limit for organic CFO products is $50,000.
Nutrient Content Claims
A nutrient content claim describes the level of a nutrient in the product. The following nine terms are considered nutrient content claims: free, low, reduced, fewer, high, less, more, lean, extra lean, good source, and light. Use of nutrient content claims requires approval from the United States Food and Drug Administration (FDA). Refer to 21 CFR Sections 101.13 and 101.54 et seq. for more information.
Health Claims
A health claim describes a relationship between a food substance (a food, food component, or dietary supplement ingredient) and reduced risk of a disease or health-related condition. Use of health claims requires approval from the FDA. Refer to 21 CFR 101.14 and 101.70 et seq. for more information.
Example below:
1. Are there limitations on the size of cottage food operation (CFO) sales?
Class A:
This type of cottage food operation (CFO) can sell home-kitchen prepared foods directly to the public. This includes transactions made via the phone, internet, and any other digital method. A direct sale may be fulfilled in person, via mail delivery, or using any other third-party delivery service. A Class A operator's current maximum gross annual sales are $75,000.
Class B:
This type of CFO can sell home-kitchen prepared foods directly to the public or indirectly through restaurants and food markets. A direct sale may be fulfilled in person, via mail delivery, or using any other third-party delivery service. An indirect sale may be fulfilled in person, via mail delivery, or third-party delivery service. The current gross annual sales for a Class B operator are $150,000.
2. Can a CFO have employees?
A CFO can have one full-time equivalent employee (not counting family members or household members).
3. What cottage foods are CFOs permitted to produce?
Only specific foods that are defined as “non-potentially hazardous” are approved for preparation by CFOs. These are foods that do not require refrigeration to keep them safe from bacterial growth that could make people sick.
CDPH established and maintains a list of approved cottage food categories on their website.
3. What are limitations on advertising of CFO products?
It is unlawful for any person to disseminate any false advertising of any food. An advertisement is false if it is false or misleading in any particular. A cottage food product that is found to be falsely advertised would be subject to enforcement action.
4. Do I need any special training or certification to make cottage foods?
A person who prepares or packages cottage food products must complete a food processor course approved by CDPH within three months of being registered or permitted and every three years during operation.
5. How much will the permit or registration cost the CFO?
For the CFO permit or registration fee, please refer to the current fee schedule.
6. Will my CFO registration/permit allow me to sell at other retail venues?
There may be health permits required to sell at other locations, such as Certified Farmers’ Markets, Swap Meets or community events. Please check with your local environmental health department for additional permit requirements.
7. How often will a CFO be inspected?
“Class A” CFO kitchens and food storage areas (referenced in the law as the “registered or permitted area”) are not subject to initial or routine inspections. “Class B” CFO kitchens and food storage areas are inspected initially prior to permit issuance and not more than once per year. “Class A or B” (complaint inspections) - The local environmental health agency may access, for inspection purposes, the registered or permitted area where a cottage food operation is located if the representative has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation or that the cottage food operation has violated California food safety laws.
8. What are CFO operational requirements? All CFOs must comply with the following:
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No domestic activity in kitchen during cottage food preparation
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No infants, small children, or pets in kitchen during cottage food preparation
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Kitchen equipment and utensils kept clean and in good repair
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All food contact surfaces and utensils washed, rinsed, and sanitized before each use
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All food preparation and storage areas free of rodents and insects
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No smoking in kitchen area during preparation or processing of cottage food A person with a contagious illness shall refrain from preparing or packaging cottage food products
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Proper hand-washing shall be completed prior to any food preparation or packaging
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Water used in the preparation of cottage food products must be potable
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Cottage food preparation activities include:
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Washing, rinsing, and sanitizing of any equipment used in food preparation
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Washing and sanitizing hands and arms
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Water used as an ingredient of cottage food
9. Why can’t I make salsa?
For a food to be nonhazardous, the pH of the product must fall below 4.6. The majority of the ingredients in salsa have a pH well above this level. Even tomatoes vary in pH with a range of 4.3-4.9. Because the pH is inconsistent, cut tomatoes and mixtures of cut tomatoes are considered potentially hazardous foods. Also, canning or bottling of salsa may result in the toxin formation of Clostridium botulinum, which can be deadly. As a result, salsa is not an approved cottage food.
10. Why can’t I make pickles, hot sauce, or other canned foods?
When dealing with a low-acid or acidified food, there is the risk of Botulism. When canning these foods, the process creates an environment with less oxygen. This reduced oxygen level is the perfect condition for Clostridium botulinum, the bacteria responsible for botulism, to overgrow. Many home canners are safe when producing these foods; however, not everyone is. A simple mistake could create a lifetime of health issues and even death for a consumer. The process to render these food items safe is not approved in the CFO program. This risk is what prevents these products from being approved cottage foods.
11. Why can’t I make sweet potato or pumpkin pie?
Custard pies contain potentially hazardous foods like milk and eggs. The finished product has a level of moisture associated with the potential for bacteria growth. The high-water content prevents these pies from addition to the approved list.
12. Can I use eggs in my cookies?
Eggs are allowed in baked goods as long as the product is dry once baked and does not require refrigeration. For example, eggs added to a cookie recipe are OK, but eggs added to a custard are not. Eggs added to a cake mix are allowed, but eggs added to a lemon curd are not.
13. Can I operate a microenterprise home kitchen operation (MEHKO) and CFO from my private residence?
No. You can only operate one of the businesses from your private residence.