Consistent with, and in addition to, the operational requirements and exemptions set forth in Cal. Health and Safety Code §§ 114367 et seq., a MEHKO shall comply with all the following:
(A) The MEHKO operator shall successfully pass an approved and accredited Food Safety Certification Examination, in compliance with Cal. Health and Safety Code § 113947.1, and shall submit proof of certification with the permit application for a MEHKO operation.
(B) Any person(s) participating in the MEHKO shall obtain a Food Handler Certification within ten days of such participation as specified in Cal. Health and Safety Code § 113948.
(C) All MEHKO food must be stored, prepared, packaged, transported, kept for sale, and served to be pure and free from adulteration and spoilage and protected from contamination.
(D) All food storage within the permitted area shall comply with CRFC of Cal. Health and Safety Code Chapter 4, Article 5. 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 an approved refrigerator and/or freezer with a closable door/lid. Sleeping quarters or second units are not included as a permitted area.
(E) Only one MEHKO may operate per residence.
(F) No MEHKO food preparation, packaging, or handling may occur concurrent with any other domestic activities, including, but not limited to, family meal preparation, guest entertaining, or dishwashing.
(G) Other than service animals, as defined in the Code of Federal Regulation Title 28, § 35.104, all animals shall be excluded from the kitchen and dining areas during food service and preparation.
(H) Equipment and utensils used to produce MEHKO food shall be smooth, easily cleanable, and maintained in a good state of repair.
(I) All food contact surfaces, equipment, and utensils used for the preparation, packaging, or handling of any MEHKO food shall be washed, rinsed, and sanitized before each use.
(J) All MEHKO potentially hazardous food must be stored and transported with proper internal food temperatures.
(K) All permitted areas and vehicles used to transport shall be maintained clean, sanitary, in a good state of repair, and free of rodents and insects.
(L) No preparation, packaging, storage, or handling of MEHKO food and related ingredients and/or equipment shall occur outside the permitted area.
(M) A person with a contagious illness shall not work in the MEHKO.
(N) A person involved in the preparation or packaging of MEHKO food shall keep their hands and exposed portions of their arms clean and properly wash their hands before any food preparation or packaging activity.
(O) Water used during the preparation of MEHKO food products shall meet potable drinking water standards. 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 noncommunity water system" standard, as defined in Cal. Health and Safety Code § 116275(o). Sample results shall include nitrate, nitrite, bicarbonate, sodium, total hardness, and bacteriological water quality.
(P) The private sewage disposal system must be adequate for the additional liquid waste.
(Q) No signage or other outdoor displays advertising the MEHKO are allowed.
(R) All MEHKO food shall be prepared, cooked, and served on the same day.
(S) MEHKO food shall be consumed offsite if the food is picked up or delivered to the consumer. The sale of MEHKO food through an internet food service intermediary is a direct sale. The MEHKO cannot provide food to any wholesaler or retailer for resale and is not a cottage food operation as defined in Cal. Health and Safety Code § 113758, nor a catering operation as defined in Cal. Health and Safety Code § 113739.1(a).
(T) A person who delivers food on behalf of a MEHKO shall be an employee, family member, or household member of the MEHKO operator.
(U) Only state Department of Public Health-approved internet food service intermediaries may be used.
(V) MEHKO may not engage in food processes that would require a HACCP plan as specified in Cal. Health and Safety Code § 114419, or produce, serve, or sell raw milk or raw milk products as defined in Cal. Code of Regulations Title 17 § 11380, or serve raw oysters.
(W) Food preparation is limited to no more than 30 individual meals per day, or the approximate equivalent of meal components when sold separately, and no more than 60 individual meals per week, or the approximate equivalent of meal components when sold separately. The department may decrease the number of individual meals prepared based on the food preparation capacity of the MEHKO but shall not, in any case, increase the limit of the number of individual meals prepared.
(X) The MEHKO has no more than $50,000 in verifiable gross annual sales, as adjusted annually for inflation based on the state Consumer Price Index.
(Y) For MEHKO with cooking equipment, a properly charged and maintained minimum of ten BC-rated fire extinguishers to combat grease fires shall be readily accessible. A first aid kit shall be provided and located in a convenient, accessible area.
(Z) Special accommodations may be required during a public health emergency.
(Ord. 1046, § 6, 2022)