Winter 2019 F&B Legal Update

Pooja S. Nair, a partner at Ervin Cohen & Jessup LLP compiles recent legal news affecting the restaurant, food and beverage and hospitality industries for Modern Restaurant Management (MRM) magazine.

LegislationCalifornia Grapples with Regulation of Home Kitchens: On October 7, 2019, the California legislature passed Assembly Bill 377, to increase regulations on microenterprise home kitchens.  The bill generally prohibits a third-party delivery service from delivering food produced by a microenterprise home kitchen operation, with a limited exception for customers with disabilities.  Additionally, the bill prohibits microenterprise home kitchens from producing milk or milk products, including cheese and ice cream.  This bill represents California’s continuing struggle to regular microenterprise home kitchen operations. Last year, the California Legislature passed AB 626, which amended the California Retail Food Code to allowed “microenterprise home kitchen operations” to…