Starting a food business in California requires understanding the laws and regulations in your city and state. While Cookin doesn’t offer legal advice, we provide useful links and resources to help you navigate these regulations. This information may not cover all legal requirements, and additional regulations could apply to your unique situation.
California Home Cooking Laws
The California Homemade Food Act (AB1616), known as the Cottage Food Act, allows home-based businesses to produce “low-risk foods” (e.g., baked goods, candies, jams, and nuts) with limited regulatory oversight if specific criteria are met. A 2021 update to this law permits in-state shipping of cottage food products, raises the annual sales cap, and loosens restrictions on indirect sales.
Effective January 1, 2019, AB626 introduced Microenterprise Home Kitchen Operations (MEHKOs), enabling residents to run food services from their homes, where food can be prepared, stored, and served or delivered. Each city or county must choose to authorize MEHKOs locally. A later bill (AB377) clarified inspection procedures, banned certain dairy products, and permitted third-party delivery services for MEHKOs, especially for customers with mental or physical conditions.
In California, various counties, including San Francisco, Orange, Riverside and Los Angeles, regulate the public sale of other types of home-cooked foods. Chefs are required to comply with all applicable state and local regulations. For food items not covered by these laws, cooking must take place in a commercial kitchen or other permitted facility.
Food Safety
All cooks must complete an accredited food safety certification exam, undergo a quality assessment, and meet minimum quality ratings.
California Microenterprise Home Kitchen Operations (MEHKOs)
AB626, passed in 2019, officially recognizes MEHKOs as a new type of food facility. Counties and cities that opt into this law establish their own permitting requirements. MEHKO permit guidelines from the California Department of Public Health are available here, and counties and cities that participate in AB626 set their own application processes. The Cook Alliance, a nonprofit dedicated to home cooking legalization, provides additional resources on MEHKOs.
MEHKO sellers on the Cookin platform are independent business owners responsible for obtaining all necessary licenses, permits, and liability insurance. Cookin does not offer insurance to platform sellers, nor does its insurance policy cover them.
If you are a MEHKO food seller on Cookin, you agree that we may share your name, email, and phone number with customers for order pickup. You must display your MEHKO permit number on your Cookin storefront and keep it updated annually.
If Cookin receives three or more complaints from customers about your food within a calendar year, we are required to report your name and MEHKO permit number to the issuing agency. In the event of a serious food safety complaint reported by an enforcement agency, we must also provide a list of customers who purchased food on the same day. By using our platform, you acknowledge and agree to these terms as outlined in our Privacy Policy.
