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San Francisco supervisor bill would legalize home-kitchen food sales

San Francisco supervisor bill would legalize home-kitchen food sales

Rule Changes San Francisco, CA local

Fielder's ordinance would opt San Francisco into a 2019 state law letting vendors cook where they live

Today: Home-kitchen bill introduced

Overview

Updated 1 hour ago

San Francisco street vendors who cook in their homes are working illegally. A bill introduced Sept. 23 by Supervisor Jackie Fielder would turn them into licensed businesses.

The ordinance opts the city into AB 626, a 2019 state law that lets counties license microenterprise home kitchens. It directly answers new health department rules that force vendors to rent commissary kitchens at about $1,000 a month.

Why it matters

If the bill passes, San Francisco home cooks can sell meals legally without a $1,000-a-month commissary rental, opening food businesses to low-income vendors.

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Key Indicators

90 meals/week
Proposed weekly meal cap
Home kitchens would be limited to 90 meals a week under Fielder's bill.
$110,000
Proposed annual revenue cap
Operators couldn't gross more than $110,000 a year.
$1,000/month
Average commissary kitchen rental
The commercial kitchen cost that pushed vendors to seek the home-kitchen option.
7 plus Berkeley
Counties that adopted MEHKO before SF
Santa Cruz, Monterey, Santa Clara, Sonoma, Alameda, San Mateo and Contra Costa, plus the city of Berkeley.

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People Involved

Organizations Involved

Timeline

September 2018 September 2026

7 events Latest: Today
Tap a bar to jump to that date
  1. Home-kitchen bill introduced

    Today Legislation

    Fielder introduces the MEHKO ordinance with five co-sponsors; it will sit 30 days before committee.

  2. Fielder requests cost study

    Policy

    Supervisor asks the budget analyst to evaluate establishing MEHKO in San Francisco.

  3. Health department drafts commissary rules

    Regulation

    New rules would force vendors to rent certified commissary kitchens at about $1,000 a month.

  4. Vendors raise alarm over new rules

    Protest

    Mission District street vendors warn proposed city rules could drive them out of business.

  5. Counties pilot MEHKO

    Program

    Santa Cruz and Contra Costa counties launch two-year home kitchen pilots.

  6. California passes AB 626

    Legislation

    State lawmakers create the microenterprise home kitchen license for cooked meals.

Scenarios

1

San Francisco adopts the home-kitchen program

Likely Resolves by Mar 1, 2027

Discussed by: Mission Local; Cook Alliance and vendor advocates

The bill clears committee after its 30-day sitting period and passes the full board, then the mayor signs it. San Francisco joins seven counties and Berkeley in licensing microenterprise home kitchens at 90 meals a week and $110,000 annual revenue. Health inspectors certify home kitchens, and street vendors can use their own kitchens as commissaries instead of renting commercial space.

2

Amendments narrow the bill before passage

Possible Resolves by Q2 2027

Discussed by: Mission Local commenters; neighborhood groups wary of commercial home use

Supervisors add equipment requirements, tighter meal caps, or limits on which neighborhoods qualify, after pressure from residents who fear home kitchens bring noise, trash and commercial activity to residential buildings. The program passes but covers fewer vendors, and the commissary relief is partial rather than the broad option Fielder proposed.

3

Measure stalls in committee

Unlikely Resolves by Q2 2027

Discussed by: Deadline reports; licensed commissary operators

The committee session slips past 30 days, the budget analyst's October report flags cost or staffing concerns, or opposition from restaurants and commercial commissaries stalls momentum. The bill lingers without a committee vote into 2027 while vendors keep operating illegally, avoiding inspection altogether.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

January 2013

California Cottage Food Law (2013)

California passed the Cottage Food Act, letting residents sell shelf-stable foods like jam, popcorn and dried fruit made in home kitchens. Counties had to inspect and certify the kitchens.

Then

Home bakers and jam makers gained a legal sales channel without commercial rentals.

Now

It built the inspection-and-certification model that MEHKO later expanded to cooked meals.

Why this matters now

Santa Cruz officials cited their Cottage Food experience as the reason adopting MEHKO was manageable, proving the same agencies can handle cooked-food inspections.

November 2018

San Francisco street vending legalization (2018)

San Francisco legalized sidewalk vending after years of ticketing vendors, creating a permitting system for street sellers. The shift followed sustained advocacy from immigrant vendor groups.

Then

Vendors gained permits and city recognition instead of fines.

Now

It established a city pattern of legalizing small street commerce rather than trying to stamp it out.

Why this matters now

The home-kitchen bill follows the same playbook: turn an activity the city can't easily eliminate into a licensed, inspected business.

January 2019

AB 626 / MEHKO (2019)

A state law took effect letting each county decide whether to license microenterprise home kitchens selling cooked meals. Santa Cruz and Contra Costa ran pilot programs starting in 2024.

Then

Pilot counties reported minimal complaints and recommended making the programs permanent.

Now

A proven county template now exists that San Francisco can adopt wholesale.

Why this matters now

Fielder's bill is essentially a request to copy the program these counties already run, lowering the political and administrative risk.

Sources

(4)

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