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Cottage Food and Microenterprise Home Kitchen (MEHKO) Permit Requirements for Operators on Septic Systems

This guidance document is for Cottage Food and Microenterprise Home Kitchen Operations (MEHKOs) that are connected to an onsite septic system for liquid waste disposal, verses a county or city sewer system.

The Sonoma County Board of Supervisors approved Ordinance #6498, which amends Chapter 14 of the Sonoma County Code to conditionally authorize MEHKOs.

Cottage Food Operation (CFO) is governed under the California Homemade Food Act and it allows for certain types of food to be prepared and sold from a home kitchen operated food facility. Governor Brown signed the California Homemade Food Act into law on September 21, 2012.

A cottage food or MEHKO operation may increase the volume and/or strength of the waste water depending on the type of business operation. Residential septic systems are designed for the wastewater flow typically associated with normal day to day use of the occupants, such as laundry, kitchen use and bathing.

Depending on the type of the cottage food or MEHKO operation, there is a danger of high uses of sugar, fats, oils or grease being washed down the drain as a result from cooking, baking or cleaning associated with operation. Additionally, depending on the type of food service (takeout or dine in), the amount of wastewater generated could significantly increase beyond what the original septic system was designed for. The higher waste strength and increased water use can cause the septic system to perform poorly or fail, which can then lead to needing a repair or replacement septic system that can be costly.

It is important to maintain your septic system and have the septic tank inspected and pumped on a recommended 3 year interval or regular basis based on use.

For both Class A and B Cottage Food Operation and MEHKO permits, applications can be obtained through Environmental Health. The Environmental Health department will review and approve the application.

Requirements

Septic Requirements – Permit Sonoma

The septic system to be utilized will need to be self-certified by the applicant that the following requirements are met:

Provide a record showing the septic system type. Note the following restrictions:
- Cesspools are prohibited.
- Onsite Septic System (OWTS) with supplemental treatment in the Sonoma County Operational Permit (OPR) program, must provide two monitoring and maintenance records (1 year), showing the system is operational. Systems within the OPR program must adhere to the terms and conditions of the operational permit for gallons per day of effluent allowed. The flow information should be included on the monitoring forms.
- Septic systems with variances, should be in compliance with the terms of the variance including but not limited to the flows allowed under the permit.
The septic system is functioning and not in obvious failure, e.g., surfacing effluent, effluent backing up into the home or slow draining sinks, showers and bathtubs.
Provide a plot plan showing the location of the, home, septic system (septic tank and dispersal field) and water well.

Food Operating Permits – Sonoma County Department of Health Services

Assembly Bill (AB) 626 amended the California Health & Safety Code (Cal Code) to establish a MEHKO as a new type of retail food facility that allows an individual to operate a restaurant in their private residence.
Apply for MEHKO Permit or Registration

California Health and Safety Code (Cal Code) allows you to prepare certain non-perishable foods in your home and sell to the public with a cottage food operation (CFO) registration or permit.
Apply for Cottage Food Registration or Permit

Records Information

Records may be available at Permit Sonoma, which can provide information regarding your septic system type and location. The following are resources for obtaining county records:

Online: Permits Online access
Email: Records requests
In Person:
- Permit Sonoma's Permit Center located at 2550 Ventura Ave, Santa Rosa, CA 95403
- Assessor’s Office located at 585 Fiscal Drive #104F, Santa Rosa, CA 95403

Note: If there are no records available you may want to hire a Qualified Septic Consultant to complete a Findings Report.

Graywater Not Allowed

Graywater systems cannot be utilized for food operations. Food processing wastewater, like wastewater from kitchen sinks, is considered “black” water and cannot be routed to a graywater dispersal system.

The California Plumbing Code Chapter 16A excludes wastewater from kitchens from the definition of graywater. Graywater is defined as “untreated wastewater that has not been contaminated by any toilet discharge. Graywater includes wastewater from bathtubs, showers, bathroom sinks, clothes washing machines and laundry sinks. It does not include wastewater from kitchen sinks, dishwashers, photo lab sinks or laundry water from soiled diapers.”

General Recommendations

Minimize the amount sugars, fats, oils, or grease entering your septic system by scraping and wiping utensils and surfaces prior to washing and avoid washing food scraps down the drain.
Have your septic tank pumped at the recommended frequency, once every 3-5 years or on frequency based on use.
If you have a system under an operational permit with our office, you should have your system maintained according to the requirements in the terms and conditions of your septic operational permit.