Legal
County Disclosures
Local permit and food-operation rules that apply when you buy or sell on Hearth in California.
Effective June 13, 2026 · Version 2026-06-19
1. County rules matter
Hearth connects neighbors with independent home-based sellers. Food and farm rules are set by California state law and enforced locally by county health departments.
This disclosure summarizes common requirements for our launch market. It is not legal advice. Verify current rules with your county environmental health department before you sell or rely on a listing.
2. San Diego County MEHKO
San Diego County's Microenterprise Home Kitchen Operation (MEHKO) program is active and permanent. MEHKO operators selling through Hearth must generally comply with:
- Same-day rule: food prepared, cooked, and served the same day.
- Standard home MEHKO volume caps: up to 30 meals per day and 90 meals per week.
- Higher caps (80 meals per day and 200 meals per week) apply only when you also operate a permitted mobile cart alongside your MEHKO, as authorized on your county permit.
- Annual gross sales cap: up to $100,000 (verify current limits with San Diego County Environmental Health).
- Food Safety Manager Certificate (or county-required equivalent).
- Permits are tied to the approved address and are not transferable if you move.
MEHKO menus and processes must match what your permit authorizes.
3. San Diego County cottage food (CFO)
California Cottage Food Operations (CFOs) are split into Class A and Class B permits. Class A generally covers direct sales to consumers. Class B may allow additional indirect sales channels depending on your permit and county rules.
You are responsible for confirming that your CFO class and county registration cover how you sell on Hearth. Annual gross sales caps apply under state law (Class A and Class B limits differ and are updated periodically by CDPH).
4. San Diego sales tax pass-through
Hearth is not currently registered as a California marketplace facilitator. You are the retailer of record for your sales. When San Diego sales tax appears at checkout, it is calculated for transparency and passed through to you. You remain responsible for CDTFA reporting and remittance under your own Seller's Permit or exemption.
Many whole produce and qualifying cottage pantry items may be non-taxable groceries. Tax lines depend on the seller's compliance profile and listing type.
5. Other California counties
MEHKO adoption is county-by-county. At least 18 California counties have active MEHKO ordinances, but major metros such as Sacramento and San Francisco may not. Do not sell under a MEHKO track unless your county has an adopted program and you hold a valid permit.
When Hearth expands beyond San Diego County, we will update this disclosure and in-app checklists for each new county.
6. Notice to neighbors
Items on Hearth may come from un-inspected private home kitchens. Sellers self-certify permits; Hearth does not conduct health inspections. See our Terms of Service for allergen and food-safety acknowledgments before you purchase.