A two-year Fresno County pilot program means entrepreneurs can operate a restaurant or other food business out of their homes.

And after supervisors directed county counsel to explore the legality of increasing the number of inspections at people’s homes, the Microenterprise Home Kitchen Operation program appears ready for final approval in July.

Supervisors approved the program unanimously.

Beginning Jan. 1, 2027, up to 66 homes across Fresno County can have a home restaurant through the state-created program.

Fresno County Public Health Department Director Joe Prado said the pilot program helps prospective business owners start their own operations.

“We see this as an additional business opportunity for members of our community,” Prado told supervisors at the meeting. “We also also see this as an opportunity to really build into our programming, adding to cottage food and mobile food as well. All of this leading up to brick-and-mortar restaurants.”

Home Kitchens Need Parity With Brick-and-Mortar: Salazar

The proposal to create Fresno’s version of the statewide program brought out nonprofit supporters and members of the restaurant industry concerned about food safety.

Veva Islas, Fresno Unified trustee and executive director of nonprofit Cultiva La Salud said the program is a first step to business ownership.

“Many Fresno County residents are looking for ways to supplement their income and build greater financial stability by allowing people to sell meals prepared in their home kitchens legally,” Islas told supervisors.

Lorraine Salazar, owner of Sal’s Mexican Restaurant and representative of the Fresno Restaurant Association, said she wanted home restaurants to have parity with traditional restaurants, especially when it comes to inspections.

Under the 2019 law, health inspectors can only do a routine inspection once in a 12-month period, said Erica Armstrong, environmental health division manager with the county.

She said that the county inspects after any complaint and can do emergency inspections upon discovery of foodborne illnesses, but state law only allows the one routine inspection.

Salazar said that opens up the possibility of illnesses.

“We can all pass an inspection when we know it’s going to happen,” Salazar said. “But will we pass that inspection when it’s unannounced? That is how we help keep people accountable.”

Supervisors Modify State Program

Supervisors agreed that the one inspection was not enough. An amendment to the proposal by Chairman Garry Bredefeld mandates one unannounced inspection after the initial inspection.

Despite Armstrong’s assessment of the program restrictions, Fresno County Counsel Doug Sloan said state law typically allows counties to become more stringent. Sloan will determine the legality of the additional inspection ahead of the second approval vote in July.

Supervisors also wanted to make sure restaurants pay sales tax.

Another requirement from Supervisor Buddy Mendes will be a tax return filed with the state and a sellers permit from the California Department of Tax and Fee Administration.

“The state does a really poor job of doing some of their sales tax stuff,” Mendes said. “If you have an existing brick-and-mortar, they’re all over you.”

Fewer Safety Problems, More Problems Around Traffic: Chavez

The program allows two permits in each of the county’s rural cities and sets several of the 66 permits for unincorporated areas, Prado said.

After attending a food safety course and securing a permit, operators can only serve up to 30 meals per day with a maximum of 90 meals per week. Business owners can have up to one other employee besides family members.

Pets and young children aren’t allowed in the food prep area while meals are prepared.

While Prado said the department has the capacity to inspect up to 66 businesses, the two-year pilot allows them to determine whether a permanent program is feasible.

The department made the determination using a $155,000 grant from the state.

Fresno County Supervisor Luis Chavez, who toured the home-kitchen operation programs in other counties, said the problems he saw were not typically around food safety but rather traffic and noise for how popular some operations had become.

He called it an entrepreneur pipeline.

“This gives them their first break, so to speak,” Chavez said.