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"CRFC" means the California Retail Food Code, which is codified in the California Health and Safety Code.
"Department" means the County Department of Environmental Health and Quality.
"Director" means the Director of Environmental Health and any person appointed by the Director to enforce or administer this chapter.
"Enforcement Officer" means the Director of Environmental Health and their duly authorized designees and any person appointed by the Director to enforce or administer this chapter.
"HSC" means the California Health and Safety Code.
"MEHKO" means "Microenterprise Home Kitchen Operation" as defined in HSC Section 113825.
"MEHKO Operator" means the resident of the private home who holds the permit for the MEHKO and is responsible for the operation.
"Potable Water" means water that complies with the standards for transient noncommunity water systems pursuant to the California Safe Drinking Water Act, commencing with HSC 116270 to the extent permitted by federal law.
"Resident of a Private Home" means an individual who resides in the private home when not elsewhere for labor or other special and temporary purposes.
(Added by Ord. No. 10766 (N.S.), effective 2-25-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) No person shall operate without a valid MEHKO permit issued by the Department. Application for permit must be made on a form or forms provided by the Department, and the applicable permit fees (if any) set out in section 65.107 of this code must be paid. A MEHKO permit shall be valid for one year, may be renewed annually, and is not transferable.
(b) The permit application for any MEHKO permit shall, at a minimum, include a listing of the equipment and standard operating procedures the MEHKO Operator proposes to use in compliance with HSC Section 114367.2(c).
(c) MEHKO permits may be modified, suspended, or revoked as provided in the CRFC.
(Added by Ord. No. 10766 (N.S.), effective 2-25-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Consistent with, and in addition to, the operational requirements and exemptions set forth in California HSC Section 114367, et seq., a MEHKO shall comply with all of the following:
(a) The MEHKO Operator shall successfully pass an approved and accredited Food Safety Certification Examination, in compliance with HSC Section 113947.1, and submit proof of certification with the permit application for a MEHKO operation.
(b) Any person(s) participating in the MEHKO shall obtain a San Diego County Food Handler Certification issued by the Department within thirty (30) days of such participation as specified in Health & Safety Code Section 113948.
(c) All food storage within the permitted area shall comply with Chapter 4, Article 5 of the CRFC. Any other detached rooms on the premises, including accessory buildings and garages, may be used to store food items only if all food is stored inside of an approved refrigerator and/or freezer with a closable door/lid. Sleeping quarters or second units are not included as a permitted area.
(d) Only one MEHKO may operate per residence.
(e) MEHKO Operators whose potable water supply comes from a private well shall submit with their permit application sample results verifying the water supply meets at minimum a "Transient Non- Community Water System" standard, as defined in HSC Section 116275(o). Sample results shall include nitrate, nitrite, bicarbonate, carbonate and hydroxide alkalinity, calcium, iron, magnesium, manganese, pH, specific conductance, sodium, total hardness and bacteriological water quality.
(f) MEHKO Operators whose permits are initially approved, shall submit annually with the MEHKO permit renewal, updated nitrate, nitrite and bacteriological water sample results that show the water supply continues to meet "Transient Non-Community Water System" potable water standards. MEHKOs served by a public water system with groundwater sources shall submit documentation that water supply meets at minimum Transient Non- Community water quality standards.
(g) Food prepared in a MEHKO may be served from a compact mobile food operation (CMFO) operated by a MEHKO permitholder pursuant to HSC Section 114368.3(a)(5). A CMFO shall not sell food other than non-potentially hazardous prepackaged food or whole produce, or conduct any food preparation, unless it meets the applicable operational requirements of the HSC Chapter 11.7.
(i) The meal and gross annual sales limitations in paragraph (7) of subdivision (a) of HSC Section 113825 do not apply to the sale of non-potentially hazardous food or produce for up to two CMFOs operated by the MEHKO pursuant to HSC Section 114368.3(a)(6).
(h) A permitted MEHKO may serve as a commissary or mobile support unit for up to two compact mobile food operations (CMFOs) if the MEHKO permit includes an endorsement from the Department that the MEHKO is capable of supporting the preparation and storage of the food being sold from the CMFO and the storage and cleaning of the CMFO pursuant to HSC Section 114368.3(a)(1).
(i) The meal and gross annual sales limitations in subparagraph (7) of HSC Section 114368(a) do not apply to the sale of non-potentially hazardous food or produce for up to two CMFOs operated by the MEHKO pursuant to HSC Section 114368.3(a)(6).
(i) Food preparation for a permitted MEHKO operating in conjunction with a CMFO is limited to no more than 80 individual meals per day and no more than 200 individual meals per week.
(j) A permitted MEHKO operating in conjunction with a CMFO shall not have more than $150,000 in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index.
(Added by Ord. No. 10766 (N.S.), effective 2-25-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Pursuant to the Health and Safety Code, the Department shall have the right to enter, inspect, issue administrative citations to, and secure any sample, photographs, or other evidence from any MEHKO, or any facility suspected of being a MEHKO, or a vehicle transporting food to or from a MEHKO, at any reasonable time. Unless the Department fails to provide proper identification, refusing an inspection may result in the health permit being suspended or revoked, and/or the owner or operator shall be guilty of an infraction or misdemeanor offense.
(b) The Department shall inspect MEHKO upon the initial application, as well as on an annual basis, or due to a consumer complaint, if there is reason to suspect that unsafe food has been produced, or there is another violation of this Ordinance. An inspection form provided by the Department shall be used for all inspections. An inspection will be conducted after advanced notice is given to the Resident of a Private Home and will include Permitted Areas and vehicles used for transporting food to or from a MEHKO. The Department may seek cost recovery, based on the hourly rate established in section 65.107 of this code if additional inspections or complaint investigations are required to ensure compliance with this chapter.
(c) If the applicant refuses to allow an inspection, or is otherwise unable to allow an inspection within a reasonable time, permits may be denied, revoked, or placed on hold.
(Added by Ord. No. 10766 (N.S.), effective 2-25-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
This chapter shall sunset or otherwise expire two (2) years from the date of its adoption unless extended by the Board of Supervisors prior to that date.
(Added by Ord. No. 10766 (N.S.), effective 2-25-22; repealed by Ord. No. 10880 (N.S.), effective 1-5-24; readopted by Ord. No. 10927 (N.S.), effective 1-10-25)