AB 2315 California Assembly · 2025-2026 Regular Session

Microenterprise home kitchen operations.

Summary

Existing law, the California Retail Food Code (code) , authorizes the governing body of a city, county, or city and county that is designated as the enforcement agency to permit microenterprise home kitchen operations (MEHKOs) , and prohibits MEHKOs from operating unless they have obtained a permit from the enforcement agency. Existing law requires the permitting of MEHKOs to apply to all areas within a city, county, or city and county's jurisdiction, including to all cities within a county that authorizes MEHKOs. Existing law requires MEHKOs, as a restricted food service facility, to meet specified food safety standards. Existing law makes a violation of the code a misdemeanor. This bill would instead require the governing body of a city, county, or city and county that is designated as the enforcement agency to grant a nondiscretionary permit to use a residence as a MEHKO, and would prohibit a governing body of a city, county, or city and county that is designated as the enforcement agency from prohibiting MEHKOs from operating in any residential dwelling. The bill would prohibit the governing body of a city, county, or city and county from imposing a restriction on the number of MEHKOs permitted to operate within the governing body's jurisdiction or restrict operations based on geography. This bill would require the enforcement agency to issue a permit without a hearing and would prohibit the enforcement agency from requiring, among other things, additional permits, approvals, or discretionary review by any other local department or agency. The bill would require the enforcement agency to be the sole local permitting authority of a MEHKO, and would require the enforcement agency to make permits available no later than July 1, 2027. By expanding the scope of a crime for a violation of the code and by imposing additional duties on local enforcement agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 19, 2026 Last action Mar 23, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

02/19/26 - Introduced → 03/19/26 - Amended Assembly · 8 edits · Mar 19, 2026

MODERATE

The amendment transforms AB 2315 from a narrow workforce development findings bill into a major regulatory reform of microenterprise home kitchen operations (MEHKOs). It would require local governments to grant nondiscretionary permits for home-based food businesses, prohibit them from banning MEHKOs in residential dwellings, and eliminate caps or geographic restrictions. This shifts MEHKOs from an opt-in program available in only 18 jurisdictions to a state-mandated right available statewide by July 1, 2027.

Scope change

The bill's scope expanded dramatically from a nonsubstantive amendment to workforce development findings into a comprehensive regulatory reform that mandates statewide availability of microenterprise home kitchen operations, removes local opt-in authority, and imposes specific permitting obligations on all local enforcement agencies by July 1, 2027.

SCOPE

New Section 1 adds extensive legislative findings about the MEHKO program, citing safety data (97% complaint-free), demographics (70% women, 79% people of color, 46% immigrants), and economic outcomes to justify mandating statewide access.

Prohibits local governing bodies from banning MEHKOs in any residential dwelling, effectively making home-based food operations a statewide right rather than a locally optional program.

The original workforce development content (amending Unemployment Insurance Code Section 14000) is retained but renumbered and made secondary to the new MEHKO provisions, which are now the primary purpose of the bill.

REQUIREMENT

New Section 2 amends Health and Safety Code 114367 to require local enforcement agencies to grant a nondiscretionary permit to any applicant who meets state food safety requirements, eliminating local discretion over whether to allow MEHKOs.

Prohibits local governments from imposing caps on the number of MEHKOs or restricting them based on geography within their jurisdiction.

ENFORCEMENT

Designates the enforcement agency as the sole local permitting authority for MEHKOs and prohibits requiring additional permits, approvals, discretionary review, or general plan compliance from any other local department or agency.

TIMELINE

Requires enforcement agencies to make MEHKO permits available no later than July 1, 2027.

TECHNICAL

Adds a state mandate reimbursement provision (Section 3) acknowledging the bill imposes a state-mandated local program, with no reimbursement required for crime-related mandates but potential reimbursement for other costs per the Commission on State Mandates.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 23, 2026

Committee

Re-referred to Com. on HEALTH.

lower

Mar 19, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

lower

Mar 19, 2026

Committee

Referred to Com. on HEALTH.

lower

Feb 20, 2026

Lower · Passed

From printer. May be heard in committee March 22.

lower

1 primary · 0 co-sponsors