AB 626, the California Homemade Food Act

In September of 2018, Governor Brown signed Assembly Bill AB 626 into law, permitting the small-scale sale of meals from home kitchens, improving public health safeguards around the existing informal food economy, and legitimizing an important level of economic empowerment for immigrant, minority, and other vulnerable communities.  

This petition is to urge Orange County Boards of Supervisors, along with Orange County Department of Public Health, to opt-in to the Homemade Food Operation Act (AB 626), which will bring about economic inclusivity, public safety, and a new avenue to entrepreneurship for individuals who have been historically marginalized from these economic opportunities. 

NEED FOR URGENCY:

The COVID19 pandemic has impacted the US economy in an unprecedented way, leaving almost every sector at a loss. The restaurant industry has particularly become one of the business sectors that took the largest financial blow. A study conducted by the National Restaurant Association (NRA) that surveyed over 4,000 restaurant owners revealed that approximately 14% of operators may face permanent closure of their businesses even if Covid-19 mandate is lifted. According to the NRA, the forecast for the next three months will result in 5 to 7 million job loss and over $255 billion in loss of revenue for the restaurant industry. With the mandate not yet lifted, these projections will result in millions more job lost and billions additional revenue loss.

Now is the time for the County of Orange to acknowledge the extenuating circumstances surrounding the pandemic and opt-in to the AB 626 act and embrace the passion and gig economy. Home kitchen operations not only allow individuals to share their creative culinary passion with the community, it also enables home chefs to turn this creativity into an income stream directly from their home in a safe and permitted way. While the 2012 Assembly Bill (AB) 1616, common known as the Homemade Cottage Food Act was adopted and signed into law by Governor Brown, the limitations, including the ingredient criteria, made it virtually impossible for chefs to share ethnic foods with their community. Cultural diversity, expressive through food, is one of the main ways that brings people together. With the ever-changing dynamic of Orange County’s demographic, ethnic cuisines rich in culinary traditions should be expansive not restrictive.  

If public health departments continue to ignore the growing cottage food industry, they are not only depriving constituents of an impactful economic opportunity, but further pushing individuals to continue selling food via other sources, such as Facebook, WhatsApp and Instagram. In fact, since the #stayathome order, there has been a large rise in social media posts by restaurant workers who are stuck at home, advertising their services and meals. A pathway towards legalization for home kitchen operations ensures that operators are compliant and follow food safety standards, which in turn, preserves public health and safety.

AB 377, the Clean-Up Bill for AB 626

AB 377 passed and was signed into law on October 7, 2019, addressing a few issues from AB 626, by specifically clarifying the following:

o  Jurisdiction details: clarifies that if a county authorizes the permitting of microenterprise home kitchen operations, the authorization shall apply to all areas within its jurisdiction, including being applicable to all cities within a county that authorizes microenterprise home kitchen operations, regardless of whether each city located within the jurisdiction of the county separately authorizes them.

o  Food Safety details: provides specifics, such as wood may be used in the kitchen, as long as it is hard wood; or service animals must not be in the kitchen during operations.

o  Permitting details: for example, days and times of operation stated on the permit are non-binding

o  Inspection details: clarifies there are three types of investigations: routine, investigational, and emergency.

o  Food Delivery details: clarifies that 3rd party delivery is allowable for users who have a physical or mental condition that limits their individual ability to access the food without assistance.

Since the passage of AB377, only Riverside County has opted-in to AB 626 in May 2019, and has since granted 49 Micro Enterprise Home Kitchen Operations (MEHKO) permits.

This petition calls on Orange County Board of Supervisors to opt-in to AB 626, which will help thousands of people recover financially from the economic impact being caused by the COVID19 pandemic.

What’s At Stake

For as long as counties do not opt-in, thousands of cooks in our communities will continue to lack access to economic opportunities within the food industry and create further disparity in access, opportunity and income.  New pathways to entrepreneurship will remain out of reach for underserved populations — including single parents, recent immigrants, and the financially insecure. Public health risks to consumers that currently exist from the informal food economy will continue to go unchecked. 

Passing a resolution to launch Micro Enterprise Kitchen Operations in Orange County will be life changing for thousands of residents across the region and provide the much-needed jobs and income our displaced restaurant workers will need in the near future. 

Sign this petition to send your message to your county elected!