Food Freedom

The California Law That's Supposed To Help Home-Based Cooks Isn't Working

Only one county in the entire state has opted into A.B. 626

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Last week, the Los Angeles outpost of Eater declared that a new state law implemented in Riverside County "could unleash a completely new kind of marketplace of home-cooked meals" and "revolutionize California's food scene."

"The newly implemented regulation allows anyone to run a licensed restaurant out of their home kitchen and dining room," Eater reported. "No commercial space, no food truck, no ghost kitchen, and no staff is needed—just pull some local permits to get certified by the Riverside County public health office."

That's great news.

But two days later, and a few hundred miles up I-5, the San Francisco outpost of Eater reported something quite different: "Bay Area Officials Start Cracking Down on Hustling Chefs' Pandemic Pop-Ups."

"One of the Bay Area's popular new pandemic-born food pop-ups has been shut down by Alameda County's health department—a possible sign that tolerance is waning for the growing market of unemployed cooks who are selling homemade wares in legal gray areas," the San Francisco Chronicle reported.

At their heart, the Eater articles focus on the same California law: Assembly Bill (A.B.) 626, the "microenterprise home kitchen operations" law, also known as the Homemade Food Act.

In Riverside, the law is doing exactly what it was intended to do.

"Because the bar for entry to restaurant ownership is high, and the cost of renting a retail kitchen is so great, an informal economy of locally produced and prepared hot foods exists in the form of meal preparation services, food carts, and communally shared meals," the law declares. "However, due to a lack of appropriate regulations, many experienced cooks in California are unable to legally participate in the locally prepared food economy and to earn an income legally therein."

But why exactly is a 2-year-old statewide law only helping cooks and consumers in Riverside County (population around 2.5 million), rather than across California (population around 40 million)? That's because, as I explained in a 2018 column, the "flawed" law requires California municipalities to opt in to the law.

"While the bill would allow sales by home cooks… the law would still place meal and dollar caps on individual sellers, and require home inspections," I wrote the column, which details some of the shortcomings of A.B. 626. "Each of those requirements raises the specter of government intrusion into the home. It would also allow cities and counties, working together or separately, to continue to ban food sales under the law."

And continue to ban they have. While a handful of counties and cities have expressed interest in adopting the law in their own jurisdictions, no California city or county save Riverside County—not one—has adopted the law and drafted rules to implement it.

Peter Ruddock of the COOK Alliance, the nonprofit behind the law, told me this week that he expects more cities and counties that have expressed interest in the law to opt in soon after the pandemic eases. But there's a certain irony to that delay, given the pandemic and its economic wreckage has made it much more important to adopt the law right now. That's a point Ruddock also makes.

"It's a shame that they are cracking down at this moment, when home cooks can be part of the solution to a difficult economy and increased hunger caused by the pandemic, fires and more," he told me this week.

"Overly burdensome state food-safety regulations have forced [many home] cooks to the brink," I wrote in a Sacramento Bee op-ed in 2017. "If these regulations remain in place, fledgling food entrepreneurs and consumers across California will suffer."

Remember that righteous language in A.B. 626 itself—about how the bar for entry to restaurant ownership is too high? Well, two years after A.B. 626 became law, the bar for entry to restaurant ownership is still high. The cost of renting a retail kitchen is still great. Chefs in San Francisco and elsewhere are still forced to turn to the informal economy to get by. The lack of appropriate regulations still leaves many experienced cooks in California unable to make and sell food legally.

A.B. 626 became law more than two years ago. The law's real promise is now on display in Riverside County. But for the 94 percent of Californians who don't live there, A.B. 626's unrealized promise is nothing more than a cruel illusion.

NEXT: Today in Supreme Court History: September 12, 1958

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  2. Shorter and more accurate headline:
    “California isn’t working”

    1. Or “government don’t work so well”.

      It’s a texbook example of how government doesn’t work. Government outlaws or regulates something, creating new bureaucracies and new government jobs, and naturally fucks it up, not only from the intended consequences, but from the countless predictable and predicted but “unwanted” consequences.

      Then government has to rewrite the laws and regulations, but instead of recognizing where they went wrong and repealing the laws and regulations, or even trying to amend the existing bad laws and regulations, they write brand new laws and regulations, inventing more bureaucracy, hiring ever more bureaucrats, and the vicious circle continues spinning.

      1. Sounds like government works very well for those who want to work for government.

      2. I believe government can work when it is kept small and it is governing a society where there are adults in the room. Both those things (limits on government and maturity) are lacking in modern American society.

    2. “California isn’t working”

      Well, they can’t all be an Alabama, West Virginia, Wyoming, Mississippi, Idaho, Oklahoma, Kentucky, or South Carolina. There’s only so much ignorance, bigotry, superstition, and obsolescence to go around.

      1. “There’s only so much ignorance, bigotry, superstition, and obsolescence to go around.”

        And the asshole bigot here seems to monopolize it.

      2. Yeah! Damned all those places where people think for themselves!

        1. You stick with the half-educated bigots and superstitious slack-jaws of Alabama, Kentucky, and Oklahoma, earth Skeptic. It suits you.

          Enjoy the rest of the culture war, clinger. I know I will!

          1. The view from Madame La Guillotine’s platform isn’t as stirring as you may expect.

          2. So, do you see yourself as Winston or more as O’Brien?

      3. You forgot Kansas.

    3. Maybe a little less cash toward high-speed rail and a bit more toward forest management would be a good idea. Sigh.

      1. The sad thing is, it’s not like they don’t know how to do forestry management, they just aren’t allowed to.

  3. Moar regulations needed!

  4. It’s California. We will put in draconian regulations, and if on the off chance we remove the regulation that just means regulation will be be at the governments discretion, and you have a lot of hoops to jump through

  5. The oppression will continue until morale improves.

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  7. When they say “there ought to be a law”, they’re wrong.

  8. When I lived in southern Mexico, every block had one or two houses where a woman who was known to be an exceptionally good cook would sell home cooked meals out of the front of her house as take-out. They had an actual term for these places. It escapes me for the moment, but it was some kind of take on the word comida, as I recall.

    Anyway, the locals would line up when something was for sale, and just like anywhere else you see that happen, if the locals (and the cops that patrol the neighborhood) line up for something, it’s always really good. We’re being deprived of that in the U.S., and it’s a shame. Great cooks are making food I’ll never know about or get to try because of the damn government.

    1. You never will. Republicans and Democrats will make sure you do not.

      1. It seems to me that it’s more bureaucrats at the health department getting in the way, and in the case of California, I wish these bureaucrats were being held responsible to bipartisan shitheads.
        Unfortunately, California is a one party state. I’m glad I don’t live in Alameda County because that county is being run by the very vanguard of the revolutionary party. The Board of Supervisors up there may be officially non-partisan, but they’re also more progressive than Nancy Pelosi.

        Meanwhile, like I said, selling home cooked meals to the general public from out of your house was a legitimate occupation where I lived (in Merida), and there may be an immigrant on every block in some parts of Alameda County who can cook better and for less than what you get at local restaurants and food trucks. I bet this is driven by the same rent seeking regulatory concerns that stop the sharing economy by way of things like Uber and renting rooms via Airbnb. If someone hasn’t already created an app to connect hungry people with home cooked meals, I’d be surprised.

        The bureaucrats can’t stand not being in charge of cab companies a la Uber and hotels a la Airbnb, and the health department probably can’t stand not being able to regulate home kitchens. Home kitchens not charging tax probably doesn’t help either. I wish it were a question of electing better politicians, but that doesn’t seem to be the case. It’s just bureaucrats not wanting to let go of their mandate or trying to increase their budgets–although that problem is exacerbated by the existence of a one-party state, as well.

        In one party states, elected politicians win seats by pleasing the people who control the nominating process–rather than the outcomes of the general election. And the unions that run these bureaucracies have enormous influence in the nominating process. That’s effectively why Kamala Harris went pro-cop in California, and I doubt anybody’s about to win a nomination to the Alameda County Board of Supervisors for vowing to bring the health department to heel.

        This will probably change when some home cooked meals version of Uber and Airbnb makes breaking the law so pervasive that the authorities are forced to change the laws to conform with reality. As so often happens, it’s up to entrepreneurs to change the world.

    2. Quit whining, clinger.

      Or not. Your whining is a useful signal that you’re still getting stomped in the culture war.

      1. So, are we to understand that you’re in favor of using the health department to crack down on illegal immigrants now?

        Or do you simply have no idea what other people are saying unless what they say fits in with your childish preconceptions?

        1. Rev. Kirkland doesn’t even read most comments they respond to. They just copy/paste the next comment in the queue.

          1. If he stayed up late at night trying to think of a better way to make progressives look ridiculous to swing voters, he might not come up with anything better than to come to a site like this and denounce somebody for being on the conservative side of the culture war for suggesting that illegal immigrants from Mexico should be free to sell us home cooked meals without interference from the government.

            Does he think I’m against pulling completely out of Afghanistan, too?

            1. Only clingers want to abandon our middle eastern allies like Afghanistan and Iran. And only Klinger wants us to abandon korea

        2. I was about to go there. Anyone who doesn’t just spend all his time pissing himself about “clingers” would know that there is a thriving underground Mexican private cook economy in the US. And they aren’t dying. Also, any buttercup with more than about 3 brain cells would know that government control over public eating establishments wasn’t even invented till about 100 years ago, and still only actually checks on such establishments about 1/2 an hour out of every year. Bad cooks and eating establishments are almost always eliminated by the marketplace, not a government bureaucrat.

    3. You can still find places like that in California, if you know where to go. They keep a low profile, for obvious reasons.

      1. Craigslist and social networking channels are full of them. The ads are usually written in Spanish, but I just looked at my local and found over 20 such ads. The only ones affected by the government control are those willing to play by it or large enough they can’t keep their heads low. Meanwhile, there are lots of ethnic mothers and grandmothers that are providing a subsistence living to their family by selling homemade meals under the table.

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  9. “The Afghanistan government and the Taliban began on Saturday their first direct talks to end nearly two decades of fighting, a negotiation brokered by the U.S. as part of its plan to withdraw from its longest war.

    . . . .

    Officials from the warring sides have convened in Doha, Qatar’s capital, for the talks, with Secretary of State Mike Pompeo attending the opening ceremony.

    The U.S. and the Taliban signed a conditional peace agreement in February that involved a phased withdrawal of U.S. troops from Afghanistan over the course of 14 months. In exchange, the insurgents pledged not to attack U.S. troops, to prevent al Qaeda and other terrorist groups from operating in Taliban-controlled areas and to discuss a long-term cease-fire with Kabul.

    The Afghan government wasn’t part of the U.S.-Taliban talks, and little unites the current leaders with the insurgents, apart from a desire to end the war. But a permanent cease-fire, and likely some form of power-sharing arrangement, is needed to make that happen.

    On Thursday, Mr. Pompeo said the number of U.S. troops in Afghanistan would be cut in the fall from about 8,400 currently to about 4,500.

    “Afghanistan and Taliban Begin First-Ever Direct Peace Talks”

    https://www.wsj.com/articles/afghanistan-and-taliban-begin-first-ever-direct-peace-talks-11599892222?

    I think it’s great that the Taliban keeps following through on every promise they made, and I think it’s great that President Trump keeps reducing troop levels on schedule every time the Taliban follows through on a promise–just like he promised them he would in the peace plan he signed.

    But what really impresses me is that President Trump is keeping his promise to the American people to get us out of forever wars. I don’t expect politicians to keep their promises, and I didn’t expect to withdraw from Afghanistan completely until sometime after we withdrew completely from Germany, Japan, and South Korea.

    If President Trump is reelected, we’ll be completely out of Afghanistan at the end of April. Hillary Clinton wouldn’t have negotiated with the Taliban for any reason, and for all I can tell, Joe Biden would just as soon leave American troops in Afghanistan indefinitely.

  10. California burns due to decades of mismanagement and bad decisions. And they still piss all over their citizens. It’s Kirkland’s wet dream.

    1. California burns because it has burned for thousands of years.

      1. True, but also because the California government had cut way back on forest management and controlled burns.

        1. And banned logging. The big push was in the late 80s. The logging companies were on a 30 year rotation and warn that the fires would be out of control in 30 years with no management

    2. Tip O’Neill said that, “All politics is local”. He was from Massachusetts. In California, all politics is global. We send Democrats to Sacramento because some Republican elsewhere in the country said something stupid about “legitimate rape”. As Republicans talk less and less about abortion, gay marriage, and immigration, local voters will start thinking about things like taxes, spending, and regulation. If Trump is reelected and California is denied a bailout, I’m hoping this will force the issue.

      In the meantime, “Think Globally, Act Locally” isn’t just a bumper sticker in California. That’s the way voters live their lives. It’s like a religion. It give their lives meaning. They believe in environmental apocalypses, heavenly utopias, and they believe the difference between the journey from one to the other is a question of shared sacrifice and faith. They want a new church to assume the duties of the state and stop people from committing sins like emitting green house gases, using plastic bags, or hurting people’s feelings with hate speech.

      If Biden is elected, and Kamala Harris succeeds him, we may look back on the days when the Catholic church stopped us from eating anything but fish on Fridays with nostalgia.

      1. P.S. 30% of Californians voted for Donald Trump. There are millions of babies in that bathwater.

        1. And we all know what democrats want to do to millions of babies – – – – – –

    3. Check out Oregon burning. A lot of it hasn’t been due to lightning. Police are finding stashes of fireworks, accelerants, and other flammable materials off the sides of rural roads east of 5.

      Even if most of this is the rumor mill working, I would still think strongly against being anywhere near rural Oregon right now if you resembled a peaceful protester in any way. I wonder if some of the CA fires have also been due to man-made, intentional origins, and not lightning or accident?

      1. “Police are finding stashes of fireworks, accelerants, and other flammable materials off the sides of rural roads east of 5.”

        Can you link to your source for this information?

        1. Go fuck yourself, you mendacious baizuo twat. Get off your ass and look for your own evidence, something beyond your Media Matters script, you worthless lump of shit. You pollute these pages with the stench of your constant whining, prevarication, and excuse making for the aspiring Mother Jones employees that write for this website.

          This site only allows one cite per post, and I’ve other things to do beyond cite-bombing a thread. For the others, here is a tweet from the Multnomah County Sheriff’s Department stating same: https://mobile.twitter.com/MultCoSO/status/1304577271429099520

          It isn’t the only one. Add to it, things like vandals partially cutting into power poles with chainsaws, in the area. An area expected to get high winds.

          It has gotten deadly serious in Oregon.

          1. Umm, thanks for the link. You have a nice day now.

        2. All I can find is stuff like this:

          “The Mason County Sheriff’s Office urged Washington residents to stop spreading rumors as isolated incidents of apparent arson led to widespread, unfounded claims that antifa agitators were conspiring to start fires along the West Coast. Antifa is short for anti-fascists, a range of far-left militant groups that oppose white supremacists.

          “Though some agencies have made arrests related to arson recently, they appear to all be separate individuals, however as with many incidents, it will be an ongoing investigation in each jurisdiction,” the agency wrote Thursday night on Facebook.

          I have little faith in the news media to get the story right under normal circumstances, especially when it’s related to anti-fa, and I have less and less faith in them to report objectively on anti-fa the closer we get to the election.

          It certainly wouldn’t surprise me if any of the arsonists involved in this were in some way connected to anti-fa, but I’m not sure we’ve seen convincing proof that this is the case yet.

          Stay tuned.

          If Jesse Walker were here, he might tell us that even if something is a conspiracy theory, it tells us something true about the people who believe them. In this case, the truth might be that the news media has been ridiculous in their pro-anti-fa bias, especially when they were covering arsonists as “protesters” and because of that, the news media has lost a tremendous amount of credibility with average Americans. And I think that’s true regardless of whether these materials were really found as related and regardless of whether any of the suspects in custody for arson were really affiliated with anti-fa.

          1. P.S. The FBI did not say that the suspects in custody were not anti-fa. They only said they were “separate individuals”, but then anti-fa is a leaderless group of individuals.

            Again, stay tuned.

            1. In the meantime, does anyone here think anti-fa activists are too morally principled to start wildfires if they think doing so adds to their “protest”?

              They’re willing to keep burning innocent people’s businesses to the ground and loot them until the police finally stop perpetrating police brutality against African-Americans, but they wouldn’t stoop to setting wildfires–because that’s wrong?

              Does anyone here believe that?

              1. Well, considering that we just had one crazy-ass antifa activist gun someone down in the street and then die in a shoot out with police, it’s possible there are antifa activists committing arson on rural roads with fireworks.

                Having said that, it’s speculation that antifa are going around starting wildfires until someone is caught.

              2. Does everyone acknowledge that it is speculation?

                1. Everything is speculation until it’s confirmed by the facts.

                  The fact is that there are numerous people in custody for arson, and those fires occurred in areas that have been experiencing a huge uptick in arson (such as Portland) that I don’t think anyone is denying have been associated with anti-fa. In fact, the people who are defending anti-fa on this are generally saying that black lives are more important than property–they aren’t denying that the arson is happening.

                  Arson in Portland in June of 2020 was up 293% compared to June of 2019, and arson was up 65% in July 2020 compared to July of 2019. Check the stats yourself.

                  https://www.portlandoregon.gov/police/71978

                  While correlation doesn’t necessarily mean causation, the chances of the explosion in arson cases in Portland correlating to the beginning of the anti-fa “protests” in Portland seems like a likely explanation to me.

                  Yeah, everything is speculation until the facts are fully known, but doesn’t Occam’s razor suggest that the arsonists in custody in the areas surrounding Portland might be related to the arsonists who have been burning down Portland for the last two months?

                  Speculation isn’t necessarily stupid. We’re all making judgments in the face of uncertainty all the time. That’s what reasonable people do. And the arsonists in custody are either anti-fa or not regardless of whether anyone wants them to be.

                  1. This is an insane take even for you, Ken. How do we know you are not just trying to cast suspicions on someone else because you started some of these fires because you hate California?

                    1. If you can’t tell the difference between what I did and that, then you need to go read a book.

                      I’m not saying that the people in custody for arson are anti-fa. I’m saying that isn’t unreasonable to speculate that some of them may be.

                      And if you’re betting on them not being anti-fa–because you don’t want them to be anti-fa because of the election or for some other reason, then you’re probably making a bad bet.

                      A much better bet might be to denounce anti-fa for their arson and looting. When Joe Biden does that, Trump will really be in trouble.

                  2. Occam’s razor doesn’t suggest that. Occam’s razor would support a simple conclusion: that some random, unrelated person or persons are committing any arson that is being committed.

                    1. Occam’s razor requires us to ignore an explosion in the rate of arson nearby and its correlation with the beginning of the anti-fa protests?

                      I don’t think so.

                    2. Occam’s razor doesn’t require us to ignore an explosion in the rate of arson.

                    3. Let me put it another way: the simplest thing we can say about who committed arson to start forest fires is we don’t know.

                      This is all a very odd conversation since we aren’t even discussing any specific incident.

                    4. “Though some agencies have made arrests related to arson recently, they appear to all be separate individuals, however as with many incidents, it will be an ongoing investigation in each jurisdiction”

                      —FBI (linked above)

                      We’re talking about a number of real incidents in which a number of real arrests were made in regards to a number of real forest fires, and the real suspects have either really associated themselves with anti-fa or they haven’t. We’ll find out.

                    5. Yes, agreed, we may find out. Maybe.

                      Just to be clear, because JesseAz and others purposely misquote me all the time, I said we weren’t talking about any “specific incident”, not “real incident”. I wasn’t saying that arson attempts in Oregon aren’t real.

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                  3. “simpler” <- “simple”

                2. Sure, and every death that isn’t considered an anticipated natural death is also openly first speculated that it could be a homicide. And when you do learn it’s a homicide, they also openly speculate that it is likely to be the spouse/ex/other family member because it makes sense to first look at the group that is most likely to do it.

                  However, when you have a group that is openly setting fires in city and then you have a rash of them popping up out of the city and catch a few of them, only stupid political correctness and naivete says you shouldn’t highly suspect that the same group is involved.

                  Let’s not start the bullshit that you have to qualify every statement of suspicion or even accusation with pablum about it being just speculation.

                  1. And, once again, we’re not saying that this absolutely a fact.

                    We’re in the speculation phase at this point in the face of uncertainty, but given the facts, the chances that none of the arson suspects being held around the greater Portland area being associated with anti-fa in any way is probably low.

                    I think they don’t want this to be true because they imagine it means Trump may be reelected if he can turn the election into a referendum on anti-fa and arson. They’d do better for themselves to condemn anti-fa and arson in no uncertain terms than to stubbornly insist that there’s no reason to believe that people who identify with anti-fa could be behind this.

                    1. And the logic of Occam’s Razor you still do not understand.

                    2. And once again, my speculation is that Ken Shultz started these fires. I am not stating is as an absolute fact, because there is no evidence yet that Ken is to blame. However, given is disdain for California and Oregon, and his easy access to propane and lighter fluid from his barbecue, I think it would be foolish to dismiss this line of inquiry.

                    3. This alleged arsonist appears to be more BLM than anti-fa–and was arrested in Ferguson back in 2014.

                      https://heavy.com/news/2020/09/jeffrey-jeff-acord/

                      It’s from a few days ago. We’ll get more information about the other suspects in other cases as they’re arraigned.

                    4. This alleged arsonist appears to be more BLM than anti-fa–and was arrested in Ferguson back in 2014.

                      https://heavy.com/news/2020/09/jeffrey-jeff-acord/

                      It’s from a few days ago. We’ll get more information about the other suspects in other cases as they’re arraigned.

  11. Of course it goes without saying that Reason would have nothing at all to say about yet another Sunni Arab country finally deciding to move beyond decades of hostility and normalize relations with Israel. Because anything that makes Trump looks like he’s even the slightest bit competent is verboten in these parts.

    As for the Palestinians, the peace train is pulling out of the station boys. You’d better jump on board pretty soon or you’re going to find yourselves left behind forever.

    1. Trump accidentally got that to distract from covid. (Biden and pelosi)

    2. “As for the Palestinians, the peace train is pulling out of the station boys. You’d better jump on board pretty soon or you’re going to find yourselves left behind forever.”

      What exactly does that mean? If the Palestinians are too late in making peace with Israel, what exactly is going to happen to them?

      1. I imagine that they’ll be eventually absorbed into the Israeli Arab population and fail to get the independent Palestinian state that they wanted.

        1. It has been happening since Arafat walked away at Camp David.

          Gaza is Egypt and Israel should never again take control there. Sharon evacuated. That is over.

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  12. https://www.foxnews.com/politics/trump-again-suggests-biden-used-drugs-debates?cmpid=prn_newsstand

    This is an odd accusation. If there are drugs that can enhance a 77-year-old’s mental performance Trump should be taking them, too. The FDA should be approving them.

    1. Trump probably cares more about long term side effects than Biden’s handlers do.

      1. There should be some point where one hits an age old enough that one gets a pass on worrying about long-term consequences.

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