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Regular-Community Services # 45.
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| Board of Supervisors |
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| Subject |
| Receive update on Microenterprise Home Kitchen Operations (AB 626). (No general fund impact) (Echiburu/Meneghetti) |
| Recommended Action |
| Receive update on Microenterprise Home Kitchen Operations (AB 626). |
| Strategic Plan Goal(s) |
Operational Excellence
Thriving Residents
Safe Communities |
| Reason for Recommended Action/Background |
Staff has reviewed Assembly Bill 626 (California Retail Food Code: Microenterprise Home Kitchen Operations) and has concluded that the bill does not adequately safeguard against many of the most common sources of foodborne illness listed by the Center for Disease Control and Prevention, threatening public health. These sources include:
- Improper Holding Temperatures
- Inadequate Cooking
- Poor Personal Hygiene
- Contaminated Equipment
- Food from Unsafe Sources
Background:
AB 626 was signed by Governor Brown in September 2018 and became effective January 1, 2019. AB 626 allows for the operation of microenterprise home kitchen operations (MEHKO) if a County authorizes the permitting of them by ordinance or resolution, commonly referred to as opting in to permitting. A MEHKO is defined as a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to consumers. The law allows for residents of private homes to prepare home cooked meals for sale to the public. These operations are limited to no more than one full-time employee and no more than $50,000 in gross annual sales.
Staff recommends not opting into the permitting of MEHKO because the law does not provide enough protections to adequately protect the health and safety of consumers. Key concerns include:
1. Existing permitted food facilities in Yolo County that conduct full food preparation receive, at a minimum, two unannounced routine inspections per year. Inspections of the MEHKO would be limited to annual only and by appointment, rather than unannounced risk-based inspections, which is what Yolo County's food safety program is based upon. These facilities will be engaged in handling potentially hazardous foods which can lead to foodborne illness. Unannounced inspections allow inspectors to observe food facility operations as they would typically operate and discover situations that might lead to foodborne illness. When unsafe practices are found during an unannounced inspection, it offers an opportunity to educate food handlers.
- The law exempts MEHKO from Yolo County’s Green Yellow Red Food Safety Placarding Program. The food safety placarding program helps consumers make informed decisions when food safety compliance is a concern to them and it motivates food facilities to stay in compliance.
- The law provides several exemptions from the California Retail Food Code that could contribute an increase of foodborne illness. A few examples of the most concerning exemptions include:
- It does not require handwashing supplies in the kitchen and lacks requirements for proper utensil washing which are two of the top five main contributors to foodborne illness outbreaks.
- High risk foods are allowed which are the foods most commonly associated with foodborne illness
- Creates an inequity with other food facilities like restaurants which must meet a series of stringent health, safety and sanitation requirements to reduce the risk of foodborne illness and protect the public.
- The law does not allow for Environmental Health to require a MEHKO to comply with food safety requirements that are different from or in addition to the requirements that are in the law. This means that Environmental Health cannot require a MEHKO to have two inspections per year, have unannounced inspections, or participate in the placarding program.
- If the County was to authorize permitting of MEHKO the permit would be valid in any city in the county regardless of whether the city separately approved or prohibited MEHKO within that city.
- Exempt from planning provisions. A jurisdiction may not prohibit the operation, require a rezone of the property, or impose any other restriction on a MEHKO in any residential dwelling for zoning purposes.
Currently there is a bill being considered by the legislature, AB 377, that would address some of the concerns that have been raised by the environmental health community and others. However, it is the opinion of Environmental Health staff and the Yolo County Health Officer that the new bill does not address staff's primary concerns. |
| Collaborations (including Board advisory groups and external partner agencies) |
| In an effort to understand all view points in regards to microenterprise home kitchen operations (MEHKO) Environmental Health staff has talked individually with members of the public interested in MEHKO. Staff has collaborated with the Yolo County Health Officer regarding MEHKO. In addition, staff has collaborated with Environmental Health colleagues in other counties and health organizations such as California Conference of Directors of Environmental Health (CCDEH), Health Officers Association of California (HOAC) and County Health Executives Association of California (CHEAC). |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
| No impact to the general fund or fees at this time. If the County were to opt into the permitting of MEHKO then a fee would need to be developed to cover the cost of administering the program. |
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