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A political battle is cooking in my California kitchen

April 15, 2023

Guests get more than food when they come to my house for dinner. They get a taste of the community.

My live-work unit at L Twelve Loft Space serves as a hub for artists, musicians and booklovers in the heart of East Oakland. I host events ranging from dance workshops to game nights, while serving original meals with Latino and African American influences—an expression of my ethnic heritage as a Bay Area native.

The micro restaurant, which I call Pimpin Chkn, comes with no set menu. I like to switch things up. Offerings on any given night might include deep fried pickles, mashed potato balls, coleslaw, tacos, briskets, ribs and chicken slathered with sauces I started developing in my youth.

The enterprise, launched in 2020, would not have been possible without two main catalysts. The first was COVID-19. I was working as a chef when the pandemic forced many restaurants to close, so I got laid off. Left with no other source of income, I started cooking at home for my neighbors. Word spread, and a new business emerged.

The second catalyst was a California law, passed in 2018, authorizing Microenterprise Home Kitchen Operations (MEHKOs). The measure, embraced in Alameda County in 2020, allows home-based chefs to sell meals prepared in their own kitchens directly to the public.

All 50 states and Washington, D.C., allow people to sell “cottage food,” which refers to food prepared at home for sale. California was an early adopter, passing one of the nation’s first cottage food laws in 2012.

The Institute for Justice, a public interest law firm that supports food entrepreneurs, filed lawsuits in Minnesota, New Jersey, Wisconsin and elsewhere to challenge the final holdouts. Most recently, Rhode Island expanded cottage food opportunities to everyone—not just farmers. Yet even with nationwide acceptance, most jurisdictions limit cottage food sales to shelf-stable products that do not require refrigeration, such as cookies and breads.

Meat dishes are almost universally banned. Yet MEHKO entrepreneurs in participating California counties can sell just about anything, once they pass a home inspection and receive mandatory training. The result is a deeply personal dining experience. When I open my doors to my neighbors, my kitchen becomes their kitchen.

California deserves credit. But the MEHKO law that empowers me also holds me back.

Under current rules, I cannot collect more than $50,000 in gross annual revenue, which leaves little room for profit after subtracting expenses. I also cannot serve more than 60 meals a week. Often I must turn away potential partners who want to host events in my unit. Other times, we must proceed without food. My house is full, but my kitchen remains empty.

The artificial constraints keep my business small. To survive I must continue working as a chef at a traditional restaurant. But my dream is to expand Pimpin Chkn into a full-time endeavor.

AB 1325 would allow me to take the next step. The bi-partisan measure authored by Assembly Members Marie Waldron and Eduardo Garcia would raise the MEHKO sales cap to $100,000 per year and the meal cap to 90 meals per week.

The expansion could turn neighborhoods across the state into hotbeds of innovation. The economic growth would be especially welcome in California “food deserts,” which lack convenient access to grocery stores and restaurants. Neighbors could find affordable meals without traveling far or paying delivery fees.

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Other MEHKOs could fill market gaps, complementing existing food businesses. Traditional restaurants sometimes see MEHKOs as a competitive threat. But my early experimentation, which includes partnerships with local chefs, already shows the potential for collaboration.

A vibrant dining scene requires multiple options in all sizes and shapes. As MEHKO laws expand, everyone would benefit. The payoffs could spill over to other counties, which have not yet opted into the MEHKO program, and even spur growth in other states. California could serve as a nationwide model for food freedom, joining other pioneers like Wyoming, Utah, Iowa and Oklahoma.

I love the energy in my home during community gatherings, but the MEHKO restrictions are holding me back. State lawmakers gave me an opening in 2020. Now they should let me grow, so I can keep my kitchen lights on.

Elijah Brown is a chef and owner of Pimpin Chkn in East Oakland.

Orange County Register

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A political battle is cooking in my California kitchen

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