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Receive a presentation on Microenterprise Home Kitchen operations and provide direction to staff as deemed appropriate
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
It is recommended that the Board of Supervisors receive a presentation on Microenterprise Home Kitchen operations and provide direction to staff as deemed appropriate.
SUMMARY:
Beginning January 1, 2019, and pursuant to AB 626 the California Health and Safety Code (CalCode) was amended to include provisions for the authorization, regulation and operation of a Microenterprise Home Kitchen (MHK), which is a new type of retail food facility where a resident operates a restaurant from their home kitchen for on or off-site food sales directly to the consumer. MHKs are limited in the number of meals served and annual income received from sales. AB 626 places limitations on regulation of MHKs by environmental health, planning and building agencies. For example, this amendment restricts routine sanitation inspections to only once per year, regardless if the food being prepared and served is perishable but allows inspections in response to a complaint or if there is a specific public health concern. It also removes occupancy requirements for public access to the property for direct sales and for on-site food consumption. CalCode requires the governing body of a jurisdiction to adopt a resolution or an ordinance to "opt-in" for these provisions to become effective and for MHKs to be allowed to operate in a County or City.
During the state's legislative process prior to enactment of AB 626, the Solano County's Legislative Committee, with input from the Public Health Officer and the Environmental Health Division, recommended an oppose position to AB 626 due to various public health and other concerns. These concerns included those related to foodborne illness, sanitation, parking, water/waste water, fire haza...
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