By Ruth Dusseault, Bay City News

The Marin County Board of Supervisors adopted a three-year pilot program that will allow cooks and food entrepreneurs to prepare and sell meals from their homes on Sept. 29

The Microenterprise Home Kitchen Operation program, or MEHKO, will establish a permitting process for small-scale home food businesses. California state law allows licenses if local governments opt in.

“This will deliver immediate financial relief to entrepreneurs in areas like Marin City, West Marin and the Canal neighborhood, removing barriers right where economic opportunity is needed the most,” said Shannon Bell, consumer protection supervisor with Marin County Environmental Health Services, at the meeting.

MEHKO licenses fill the gap between cottage food permits, which only apply to non-potentially hazardous foods like baked goods and jams, and full commercial kitchens.

Microenterprises can serve as commissaries for up to two mobile food operations; they require food to be prepared and served the same day. They are exempt from commercial facility requirements, such as industrial grease traps and commercial stove hoods.

The program allows takeout or on-site dining with strict limits of 30 meals per day, or 90 meals per week, and an annual sales cap of $100,000.

The pilot would begin March 1, 2027, and permits would be capped at 100 per year. Application fees are $725 with an annual renewal fee of $414, but fee waivers for a third of the permits are reserved for low-income communities.

After two years, supervisors will consider making the program permanent.

“By eliminating the need for commercial leases and expensive equipment, entrepreneurs can safely test their businesses and ideas with minimal financial risk,” Bell said. According to statewide data from the Cook Alliance, 85% of MEHKO operators are women, immigrants, and people of color, and over 70% rely on this income to support their families, she said.

Bell also said unpermitted sales are already happening in areas like the Canal.

Local Vendors Seek a Legal Path

Marina Palma advocates for San Rafael’s Canal neighborhood, which is home to a vulnerable community of over 13,000 low-income residents. About 84% are Latino and roughly half of all households spend more than 50% of their income on housing.

Palma told the board that the pandemic caused many Canal residents to lose their jobs, and that’s why the neighborhood has so many vendors selling food in public. Because they have no license, enforcement actions can be harsh.

“They have really high tickets of $600, and their food has been thrown away,” said Palma.

She said MEHKO would help vendors get an official license, but she questions whether vendors will need a Social Security number and be legally in the country.

According to the home-chef’s national nonprofit Cook Alliance, MEHKO applicants need no proof of citizenship nor a Social Security number to obtain a permit.

“I’m from Mexico, and I’m one of the mobile vendors,” said Elsie Vega through a Spanish translator. “I have two jobs. Everything is pricey — house, food, everything. I am here to work hard, to pay taxes. I don’t make enough money to pay the community kitchens.”

MEHKO license holders must pass inspection under the oversight of the Marin County Department of Environmental Health Services and comply with local zoning, parking and noise ordinances.

California authorized MEHKO programs in 2019. Seventeen counties have since adopted them, including Sonoma, San Mateo, Solano, Contra Costa, Alameda and Santa Clara counties.

Other commenters who spoke in favor of the program represented a range of food system and small business organizations. They included the Agricultural Institute of Marin, which operates nine Bay Area farmers markets, the University of California Cooperative Extension, the Cook Alliance, the West Marin Food Systems Group, which coordinates farm-to-school food access, and the Marin Small Business Development Center.

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