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Cal. Health & Safety Code § 114367 et seq. (AB 626 / MEHKO); AB 1325 (2023)

Home restaurant permit · California

CaliforniaMEHKO Permit

California home restaurant permits — the MEHKO rules for selling cooked meals from home.

MEHKO lets a permitted California home kitchen sell prepared meals where the local government has adopted the program. Start with your local environmental health department.

Hands pack a paper bag beside takeout containers of noodles, grilled chicken and spring rolls on a home kitchen counter.

Why this matters

A permit for selling meals from your home kitchen.

MEHKO — Microenterprise Home Kitchen Operation — lets a California home cook legally sell prepared, temperature-controlled meals directly from their residence. California cottage food covers approved shelf-stable items like baked goods, jams, and candies. MEHKO covers the opposite category: hot food, refrigerated meals, and fully prepared dishes.

AB 626 (2018) created the framework. AB 1325 (2023), codified in Health & Safety Code section 113825, raised the weekly limit to 90 meals and the gross annual sales base to $100,000, adjusted for inflation. Local opt-in is still required. If your county has opted in, you can run a permitted home kitchen operation that sells up to 30 meals a day and 90 a week under formal health-department oversight.

Local approval comes first: ask your environmental health department whether it accepts MEHKO applications at your address.

Meal limits

30 meals a day, 90 a week, up to $110,442 in gross sales a year.

Weekly meal cap

90 meals

Cal. Health & Safety Code § 113825(a)(7)

30 meals per day, 90 meals per week — whichever triggers first.

Gross annual sales cap

$110,442

Cal. Health & Safety Code § 113825(a)(8)

2026 limit, adjusted each year by CDPH.

Key requirements

What you need before the permit is issued.

  • Permit required. Filed with your local county environmental health department.
  • Initial kitchen inspection. A health department inspector visits your home before permit issuance.
  • Food Protection Manager certification. ANSI-accredited certification required; typically valid five years.
  • Meal limits. 30 meals per day, 90 meals per week, up to $110,442 gross annual sales (2026, adjusted annually), per the CDPH schedule — whichever comes first.
  • No mail order, no shipping. Sales are pickup or delivery within the county of operation only.
  • No wholesale. Direct to consumer only; no selling through stores or restaurants.

Geography

Only opted-in counties allow MEHKO.

Local governments choose whether to allow MEHKO. Check the CDPH home kitchen guidance, then contact environmental health where you live for the application and fee. A nearby county’s program does not cover your address.

How to start

Five steps to your first legal MEHKO sale.

  1. Confirm your county has opted into MEHKO

    Most California counties have not opted in. Check the state retail food page or your county environmental health department before investing time in the application.

    California Department of Public Health
  2. Complete ANSI food protection manager certification

    Typically $100–$150 and takes a day. The certification is valid for five years and is mandatory before your permit is issued.

  3. File your MEHKO permit application

    Filed with your county environmental health department. Fees typically run $500–$1,000 annually, varying by county.

  4. Pass the initial home kitchen inspection

    A health department inspector visits your home to verify equipment, sanitation, and food safety practices before the permit is issued.

  5. Launch

    Once permitted, you can advertise online, take orders through your own channels, and fulfill via pickup or county-limited delivery. Shipping and out-of-county sales are not allowed.

Frequently asked

California MEHKO — common questions.

Is MEHKO the same as California cottage food?

No. Cottage food covers shelf-stable items (baked goods, jams, candies, dry mixes). MEHKO covers prepared meals — hot food, refrigerated dishes, full entrees. Different statutes, different permit process, different meal limits, different allowed foods. CDPH guidance. CDPH guidance.

What does it take to get a MEHKO permit?

You need a local MEHKO program, an environmental health permit, food manager certification, and an initial kitchen inspection. Ask the issuing agency for its current application and fee. CDPH guidance.

Can I do both MEHKO and cottage food at the same time?

No. CDPH says a cottage food operation and a MEHKO cannot operate from the same residence. Choose the program that fits the food you plan to sell. CDPH guidance.

Can MEHKO meals be shipped?

No. MEHKO sales are strictly pickup or delivery within the county of operation. Shipping, mail order, and out-of-county delivery are not permitted. CDPH guidance. CDPH guidance.

Does MEHKO count toward the $88,878 gross annual Class A cottage food cap (2026)?

No. MEHKO has its own $110,442 gross annual sales cap (2026, adjusted annually by CDPH), separate from California's cottage food artisan cap. The caps are independent. CDPH guidance. CDPH guidance.

About VibeKitchen

An ordering tool built for home food sellers.

VibeKitchen is a storefront and order-management tool for home food sellers — your own ordering page, payments tied to your orders, and your own customers. This guide explains the California MEHKO rules; the product helps organize menus, orders, pickup windows, and customer records once you decide how you want to sell.

Compare food rules, sales limits and registration in the state-by-state reference.

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