Compliance and food safety law for small operators are complex and inconsistent.
Laws for small operators are evolving rapidly and equally food safety laws are complex and nuanced. Smaller operators are facing barriers when accessing compliant kitchen spaces due to affordability and training requirements.
Tre’dish has been at the heart of this evolution over the last 2 years, becoming thought leaders on the regulatory standards, compliance framework and health & safety processes this industry needs.
Unlock social return on investment the hospitality industry badly needs.
A rapidly-growing, informal economy of locally prepared foods – meal prep services, pop up food tents, farmers markets, home chefs, and community-driven events involving food – exists today, due to the need for individuals to earn a living, and find affordable meals at a time where the food service industry is facing enormous pressures – particularly for small operators.
This industry has the power to unlock material social return on investment and food entrepreneurship and innovation, at a time where the hospitality industry needs it most.
Proactively establish compliance, health & safety regulations.
Despite the positive societal impact, the industry needs formal structure from a regulation, health and safety perspective. Thousands of private chefs, food festival vendors, caterers, and many other food micro-entrepreneurs cook out of private residences, outdoor public spaces, small local kitchens or unlicensed food facilities, with little access to best practices or safety guidelines and inability to afford expensive commercial food preparation space.
The lack of formal health & safety guidelines surrounding this informal market can be addressed by adopting best practices already developed across North America.
Reforms for informal and homemade food businesses are expanding rapidly.
Kitchen space access, affordability, complex laws and dated standards, make it difficult for small food businesses to operate compliantly.
Commercial-level kitchen spaces are too costly for small operators to access. As such, food safety regulators have created a variety of alternative food programs and food laws that provide small businesses with opportunities to sell their food, but these are often limited.
These pathways have huge limitations, and compliance across North American food businesses are dated and inconsistent
Cottage food operations
Cottage food operations and laws for low-risk food preparation already exist widely across North America. Specific standards vary by geography but typically encompass baked goods, preserves, nuts & seeds and other specialty items that don’t include dairy, meat, produce etc.
Examples: Ontario – Cottage Food, Riverside – Cottage Food
Farmer’s markets
Farmer’s markets provide independent entrepreneurs with avenues to sell their prepared food for immediate consumption and takeout, with precedent standards for how high-risk foods should be prepared in advance of attending the market
Examples: Farmer’s Market Ontario
Informal ‘pop-up’ food tents
Many state and provincial standards enable temporary food facility laws for food festivals and food tents to operate for duration of the year.
Examples: Temporary Food Facility Rules – City of Toronto
Food truck operations
Food truck operations require municipal permitting and fall under a wide range of food safety rules and regulations to approve vendors and protect consumers. Health & safety standards provide some relevant precedents to help frame rules around small-scale kitchen spaces.
Examples: City of Brampton, City of Toronto
Home kitchen operations
Whether we choose to admit it, or not, the home is a part of the supply chain for a small food business or independent food operator. Whether its for prep, planning, or food sales, the home is a part of every independent food entrepreneurs supply chain. Laws to regulate food preparation at home is expanding rapidly as a result.
References: California MEHKO Laws, Vermont Home-Based Food Businesses
Compliant pathways for food operators are difficult to access and afford, therefore creating huge entry barriers for small operators.
Commercial-grade kitchen space
Commercial kitchen spaces built for professional food preparation would ideally be available to all. With limited ways to own such spaces, affordability challenges, and lack of access to such spaces versus larger food companies, it is insufficient to simply suggest that independent operators should be getting their own commercial spaces too.
Smaller operators need to build their business to a certain level of scale and profitability to afford such spaces, and need an avenue to scale their business until they can reach a size where commercial grade kitchen space makes logistical and financial sense.
There is a rapid expansion of homemade food reform occurring.
From 2015-2019, the United States of America witnessed a rapid expansion in cottage food laws and other homemade food laws, in attempt to foster local food communities and economic growth (this was prior to COVID). COVID accelerated adoption of these frameworks.
(HB 1125)
(B23-0192)
(HB 326)
(HB 94)
(HB 177)
(SB 199)
(SB 248)
(SB 160)
(SF 958)
(HB 1032)
(HB 663)
(SB 2007)
(AB 1144)
(53 N.J.R. 1711(A))
(HB 1149)
(HB 1322)
(SB 693)
(SB 187)
(HB 178)
(S. 506)
(HB 1697)
(HB 828)
(HF 2431)
Since 2015, 34 states have either created new homemade food programs or expanded their existing laws. Five states have legalized the sale of home cooked meals that contain meat, since 2019. For more information on these laws, the Institute for Justice has published an excellent portal on this development in the USA.
What is the regulatory model to activate home kitchens that prepare high risk foods for sale and consumption?
In 2019, The Microenterprise Home Kitchen Operation (MEHKO) regulation was established in Riverside County, California. The California Department of Public Health’s MEHKO portal tells the story of the regulation’s developments.
The MEHKO is a type of food business regulation that allows individuals to legally prepare and sell food from their home kitchens in certain states and localities within the United States. This regulation is designed to support small-scale food businesses and entrepreneurs who may not have access to commercial kitchen space, and places smart regulatory restrictions to mitigate the risks of these businesses. The Cook Alliance’s FAQs answer many of the common questions one would have about the MEHKO regulations.
Highlighting Specific / Critical MEHKO Features
California is setting a precedent with rapidly expanding MEHKO laws
First adopted within Riverside County, CA, MEHKO law has rapidly expanded across California counties:
Alameda County
Berkeley
Imperial County
Riverside County
San Diego County
San Mateo County
Santa Barbara County
Solano County
The domino effect has started, as MEHKO laws (with advancements and regional-specific differences) are systematically being added to existing home-based food laws:
California — MEHKO
Utah — MEHKO
Iowa — Food Freedom
Wyoming — Home Food Processing
Vermont — Home Caterer
Breakthrough health & safety tools, systems and processes for operators and regulators.
Daily check-in, during cook, and check-out SOPs
Tools for small operators to provide a window of transparency – a daily digital log to provide to regulators as proof of best compliance, and to protect consumers and operators alike.
SOP guidance for high risk & low risk foods
Gain the ability to provide operators with custom SOPs for the preparation of foods with different risk profiles. Custom built for cities, provinces and states.
Allow regulators to simulate better inspections
In-person inspections can only be done on a limited cadence with minimal inspecting resources. Our product enables regulators to initiate real-time inspections to complement traditional inspection.
Seamlessly build into any existing food safety law
These processes are meant to be in addition to Food Handler Certificate Requirements, and other food safety laws already in place in your area.
This is just the beginning of a large movement that needs direction.
The expertise and systems we’ve developed equip us to be the regulatory & technology leaders to make this movement better and long lasting and work with regulators across the world to do so. Contact us to help tackle the challenges in our industry and learn more about our Health and Safety Portal.
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