How long does it take to get a MEHKO permit in Santa Clara County?

Typically 3 to 8 weeks from submitting a complete application. The biggest variable is how quickly you can get the initial inspection scheduled, and whether your SOP needs revisions.

Do I need a commercial kitchen?

No. MEHKO is specifically for ordinary home kitchens. You need working refrigeration, a way to wash hands, a probe thermometer, and a clean space — not commercial equipment or a separate kitchen.

Can I get a MEHKO permit if I rent?

Yes, the law doesn't require you to own your home. Check your lease and any HOA rules for home-business restrictions, though — the health department won't, but your landlord might.

Is a Food Handler card enough?

No. MEHKO requires the Food Protection Manager certification (ServSafe Manager or an equivalent ANSI-accredited exam). The Food Handler card is a lower-level credential for employees.

How to Get a MEHKO Permit in Santa Clara County: Steps, Cost & Timeline (2026)

The short answer

To sell home-cooked meals legally in Santa Clara County, you need a Microenterprise Home Kitchen Operation (MEHKO) permit from the County of Santa Clara Department of Environmental Health. The process: earn a Food Protection Manager certificate, write your standard operating procedures, submit the application and fee, pass a home kitchen inspection, then get your city business license. Expect 3–8 weeks from application to your first sale. Once permitted, you can sell up to 30 meals a day, 90 a week, and $100,000 a year.

MEHKO in Santa Clara County: the basics

The Santa Clara County Board of Supervisors approved its MEHKO ordinance on March 14, 2023, and the Department of Environmental Health began accepting applications later that year. To seed the program, the county waived permit fees for early applicants through March 2025. The program is now permanent.

The permit covers home kitchens in San Jose, Sunnyvale, Santa Clara, Mountain View, Palo Alto, Cupertino, Milpitas, Campbell, Los Gatos, Morgan Hill, Gilroy, Saratoga, Los Altos, and unincorporated areas of the county. If you're not sure which jurisdiction you fall under, the department's website has an address lookup, or you can call them.

Step by step: how to apply

Get your Food Protection Manager certificate. MEHKO requires the manager-level certification (ServSafe Manager, Prometric, NRFSP, or 360training), not the basic Food Handler card. The course is online, takes a day, and costs roughly $100–$150 including the proctored exam. It's valid for five years.
Write your Standard Operating Procedures (SOP). This is the document the health department reads most closely. It describes your menu, how you'll receive and store ingredients, cooking and holding temperatures, how you'll clean and sanitize, how you'll handle allergens, and how customers will pick up or receive delivery. Most counties provide a template — use it.
Fill out the MEHKO application. Download it from the County of Santa Clara Department of Environmental Health website. You'll attach your SOP, your certificate, a simple sketch of your kitchen layout, your proposed menu, and proof of your water and sewage source (a utility bill works for city water).
Pay the application fee. Santa Clara County's launch-period fee waiver ended in March 2025; applications now carry the standard review and annual permit fees published on the DEH MEHKO page. Confirm the current amounts there — they're set by the Board of Supervisors and revised in the county fee ordinance.
Schedule the initial inspection. An inspector visits your home kitchen to confirm what's in your SOP: working refrigeration at or below 41°F, a way to check food temperatures (a probe thermometer), a handwashing setup, sanitizer, no pets in the kitchen while operating, and a clean, pest-free space. They're checking for a safe operation, not a commercial kitchen.
Receive your permit. Once you pass, the department issues your MEHKO permit and permit number. Keep it posted; platforms like Makinson Street require it and display it on your profile.
Get your city business license and seller's permit. Most cities require a business license or home occupation permit. If you sell taxable items, register with CDTFA for a seller's permit. Neither is issued by the health department, and both are usually quick.

What Santa Clara County specifically requires

Applications are submitted online through the county's Environmental Health portal, with the SOP and supporting documents uploaded as PDFs.
The county provides an SOP template with the sections inspectors expect — using it materially speeds up review.
Well water requires a lab test. Most of the county is on municipal water, but if you're in the hills on a private well, plan for a bacteriological test before the inspection.
San Jose requires a home occupation permit in addition to a business tax certificate; check your city's planning department for the equivalent.

What you can and can't do once permitted

Allowed	Not allowed
Cook and sell full meals, including meat, rice, and hot food	More than 30 meals/day or 90 meals/week
Sell for pickup, dine-in at your home, or deliver yourself	Third-party delivery (DoorDash, Uber Eats, Grubhub)
List on an ordering marketplace like Makinson Street	Preparing food a day ahead — everything is same-day
Employ one full-time-equivalent non-household worker	Sous vide, curing, smoking for preservation, canning, or anything needing a HACCP plan
Take card payments online or cash in person	Raw milk, raw oysters, or selling to other food businesses
Earn up to $100,000/year in gross sales	Running a Cottage Food Operation from the same address at the same time

What it costs, all in

Food Protection Manager course + exam: $100–$150
Santa Clara County MEHKO application and annual permit: see fee note above
City business license: typically $25–$150/year, varies by city
Probe thermometer, sanitizer test strips, labels: under $50
Liability insurance (optional but recommended): $25–$50/month for a home food business policy

and once you're permitted —

Makinson Street lists permitted makers for 3% on card orders (plus Stripe's processing fee) and nothing on in-person payments. Read how much home cooks actually make and how to price a meal, or apply to become a maker — we'll verify your permit and walk you through your first listing.

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