Can you legally buy home-cooked meals in San Diego? How MEHKO home kitchens work
Yes. Since January 2024, San Diego County has let permitted home cooks run tiny restaurants called MEHKOs: up to 30 meals a day or 90 a week, capped near $100,000 a year in sales. Check a cook's permit at SDFoodInfo.org before you order.
- Meals
- 30/day
- Sales cap
- ~$100K
- Staff
- 1
- Program since
- Jan 5, 2024
Or 90 a week
Per year, CPI-adjusted
Full-time employee, plus household
Permanent, countywide
The short version
- California's AB 626, signed September 18, 2018, created Microenterprise Home Kitchen Operations (MEHKOs); counties must opt in.
- San Diego County's permanent MEHKO program took effect January 5, 2024, after a two-year trial approved in January 2022.
- Limits: 30 meals a day or 90 a week (80/200 with a permitted cart), and about $100,000 in gross sales a year, adjusted for inflation.
- MEHKOs can't use UberEats, Postmates or GrubHub; only the operator's employee or a family member may deliver.
- The County's Department of Environmental Health and Quality (DEHQ) inspects each kitchen before permitting and once a year after.
Your neighbor's birria might be legal to buy. Under a 2018 state law, California counties can permit Microenterprise Home Kitchen Operations (MEHKOs): real, inspected, very small restaurants run out of a home kitchen. San Diego County supervisors approved a two-year trial in January 2022 and made the program permanent on January 5, 2024. We checked the County's program page, FAQ and quick-facts sheet (revised October 2026) on November 6, 2026.
30
Meals a day
90 a week; 80 and 200 with a permitted cart
$100K
Gross sales a year
Adjusted annually for inflation; $150K with a cart
1
Employee
Full-time, not counting family or household
Home kitchen restaurant vs. cottage food
| MEHKO | Cottage food operation | |
|---|---|---|
| What it sells | Full meals: dine-in, takeout or delivery | Low-risk foods that don't need refrigeration, like bread, jam and dried foods |
| State law | AB 626 (2018) | California Homemade Food Act (2013) |
| Kitchen inspection | Before the permit, then once a year | Depends on Class A (registration) or Class B (permit) |
| Rule to know | Food must be prepared, cooked and served the same day | Products must be on the state's approved list and labeled |
MEHKO
- What it sells
- Full meals: dine-in, takeout or delivery
- State law
- AB 626 (2018)
- Kitchen inspection
- Before the permit, then once a year
- Rule to know
- Food must be prepared, cooked and served the same day
Cottage food operation
- What it sells
- Low-risk foods that don't need refrigeration, like bread, jam and dried foods
- State law
- California Homemade Food Act (2013)
- Kitchen inspection
- Depends on Class A (registration) or Class B (permit)
- Rule to know
- Products must be on the state's approved list and labeled
If you're buying
- Check the permit. The County lets you look up any permitted food facility, including MEHKOs, at SDFoodInfo.org.
- Don't expect it on delivery apps. The County FAQ says MEHKOs can't use third-party delivery apps like UberEats, Postmates or GrubHub; ordering often happens through the cook's own site or a home-cook ordering app.
- Delivery comes from the cook's household. Only a MEHKO employee or family member may deliver.
- No street sign. MEHKOs can't put up signs or outdoor advertising, so you'll find them online or by word of mouth.
- BYOB isn't automatic. Serving alcohol, or letting customers bring their own, requires a state ABC license.
- Not on the menu: raw oysters, raw milk, or anything that needs a HACCP plan.
If you want to start one
The County's startup checklist, condensed
- 01
Check your menu and your lease
Submit the MEHKO Standard Operating Procedures form with your menu. Renters need landlord approval, and the County advises checking your HOA rules first.
- 02
Get certified
The operator must pass an accredited Food Safety Manager exam; anyone else involved needs food handler training.
- 03
Apply and pay
Send the Health Permit Application, SOPs and certificate to DEHQ with the permit fee. The County says it will tell you your status within 20 business days of a complete application.
- 04
Check your city
The County authorizes MEHKOs countywide, but your city may have its own business permit requirements. Register with the CDTFA for sales tax.
- 05
Pass the inspection
The permit is handed over at the initial kitchen inspection. The home must be your primary residence, one MEHKO per home.
Prefer to buy direct from growers and makers? See San Diego farmers markets by day of the week. Thinking about other ways to earn from your home? Read up on San Diego's short-term rental licenses.
Is this still right?
We last checked this tip against its sources on November 6, 2026, and we re-research every tip on a schedule. Things in San Diego change, sometimes overnight.
Prices, fees, hours and rules change, often at the start of a year or season. Confirm with the official source linked below before you rely on a number.
This is general information, not legal, financial, tax, medical or safety advice.
SOURCES
Everything above traces back to one of these. Follow them — if one has changed and we haven't, that's our mistake, not yours.
- PrimaryHome Kitchen Operations
County of San Diego DEHQ · Checked November 6, 2026
AB 626 signed Sept 18, 2018; permanent program effective Jan 5, 2024; cottage food comparison; contact details
County of San Diego DEHQ · Checked November 6, 2026
Meal limits, sales caps, one employee, delivery rule, same-day rule, prohibited foods
- PrimaryMEHKO FAQs (Rev. 10/14/2026)
County of San Diego DEHQ · Checked November 6, 2026
No third-party delivery apps; SDFoodInfo.org lookup; annual inspection; ABC license
County of San Diego DEHQ · Checked November 6, 2026
Application steps; 20-business-day review
County News Center · Published December 10, 2024
Fee waiver through May 2025
Spectrum News 1 · Published January 27, 2022
Two-year trial approved; under-$1,000 startup estimate from COOK Alliance