California — the home restaurant law

MEHKO: which California counties allow a home restaurant?

California's Microenterprise Home Kitchen Operation (MEHKO) program (AB 626, 2018; Cal. Health & Safety Code § 113825 and ch. 11.6) lets a resident run a small home restaurant — preparing and serving hot, potentially hazardous meals the same day they are cooked, direct to consumers only (no wholesale, no catering). State limits are 30 meals per day and 90 meals per week and a CPI-adjusted gross annual sales cap ($100,000 base; $110,442 for 2026). A MEHKO requires a local environmental health permit, an initial inspection, and food manager certification, and it exists only where a county (or a city with its own health department, such as Berkeley) has opted in. A residence may not hold both a MEHKO and a Cottage Food Operation. As of the sources opened, 17 counties have opted in, Marin County has adopted a pilot, and the remaining 40 counties have not adopted. Note: CDPH's older general-permit page still shows superseded figures (60 meals/week, $50,000) — the 30/90 and $110,442 figures are the current ones corroborated by the statute summaries and county ordinances opened.

The statewide sales cap for 2026 is $110,442. Los Angeles County's application/review fee is $597 (with a subsidy window running to December 31, 2026). But MEHKO exists only where a county — or a city with its own health department — has opted in. This tracker is the list, county by county, checked October 23, 2026.