Ohio MEHKO and HB 134: The Home Kitchen Bill That Could Change Everything

A Third Pathway Is Working Its Way Through the Ohio Legislature

Ohio's home food system currently offers two options: the no-license Cottage Food exemption for shelf-stable goods and the $10 Home Bakery license for temperature-controlled baked items. Both pathways explicitly prohibit home cooks from preparing hot meals, non-baked prepared foods, or most foods that require refrigeration.

House Bill 134 would change that by creating a third category: the Microenterprise Home Kitchen Operation, or MEHKO. If enacted, it would let Ohio home cooks legally sell hot meals, casseroles, soups, and other prepared foods directly to consumers — something that currently requires a commercial kitchen.

Where HB 134 Stands Right Now

The bill has moved further than most food freedom legislation manages:

• February 25, 2025: Introduced in the Ohio House of Representatives
• November 19, 2025: Passed the House with an 88–2 bipartisan vote
• February 11, 2026: Referred to the Senate Agriculture and Natural Resources Committee

That 88–2 House vote signals strong legislative support. But the bill still needs to clear the Senate committee, pass a full Senate vote, and receive the Governor's signature. Even after passage, the Ohio Department of Agriculture would need to write the implementing administrative rules before anyone could actually register.

Bottom line: HB 134 is not law yet. You cannot legally operate under its provisions. Anyone selling hot meals or prepared foods from a home kitchen today is operating outside Ohio's current regulatory framework, regardless of what they've read about this bill.

What the MEHKO License Would Allow

The bill's provisions represent a substantial expansion over existing home food pathways:

Broader food scope. MEHKOs would be authorized to produce and sell potentially hazardous foods, hot meals, and home-prepared items that are currently prohibited under both the cottage food exemption and the Home Bakery license. The two explicit exclusions identified in the bill are alcohol and low-acid canned foods, so pressure-canned vegetables would still require a commercial processing facility; the final bill and rules would determine how particular acidified products such as pickles or salsa are treated.

$150,000 annual revenue cap. Unlike Ohio's cottage food exemption (no revenue cap) and Home Bakery license (no revenue cap), MEHKOs would face a strict $150,000 annual gross receipts ceiling on sales of potentially hazardous foods. That's a generous ceiling for a home kitchen — significantly higher than the $25,000–$75,000 caps most MEHKO states impose — but it is a real limit that doesn't exist in the current pathways.

Registration and inspection requirements. MEHKO operators would need to:

• Register annually with the ODA ($25 fee)
• Pass a mandatory home kitchen inspection (inspection fee capped at $50)
• Complete certified food safety training

Direct-to-consumer sales only. Wholesale distribution to grocery stores, restaurants, or third-party retail outlets would be explicitly prohibited. This is the biggest structural difference from the Home Bakery license, which permits wholesale and interstate commerce.

Local zoning stays enforceable. HB 134 explicitly preserves municipal authority over home-occupation zoning. If your city's zoning code prohibits customer traffic at residential addresses, a MEHKO license wouldn't override that restriction. Check your local zoning rules before building a business plan around home delivery or porch pickup.

Who Would This Help Most?

The MEHKO pathway targets a specific gap in Ohio's current system — home cooks who prepare non-baked, temperature-sensitive foods:

• Meal prep and delivery services: casseroles, soups, complete dinners for local delivery
• Cultural and specialty cuisine: tamales, empanadas, dumplings, curries — foods with strong cottage industry traditions that don't fit the "baked goods only" framework
• Catering from home: small-scale event catering without the overhead of a commercial kitchen rental
• Holiday and seasonal food sellers: Thanksgiving pies with cream fillings, Easter dinners, prepared party platters

These operators currently have no home-kitchen pathway in Ohio. They can't use the cottage food exemption (wrong food category), can't use the Home Bakery license (not baked goods or not oven-produced), and a commercial kitchen rental at $15–$30/hour makes small-batch production uneconomical.

What to Do While You Wait

If HB 134 describes the business you want to run, here's the practical approach:

Maximize what's legal now. The cottage food exemption covers a wider range of products than most people realize — check the full approved list. If any portion of your product line fits the current framework, start selling those items to build your customer base and revenue.

Build the operational foundation. Form your LLC, get your Vendor's License, set up your tax filings, and establish your brand and sales channels. When MEHKO registration opens, you'll be positioned to add hot meals immediately rather than starting from scratch.

Track the Senate committee. The bill's progress is public record through the Ohio General Assembly's website. Committee hearings and votes are posted there before they happen.

Don't sell prohibited foods in the meantime. An 88–2 House vote is encouraging, but it's not a guarantee. Operating outside the current rules while waiting for a pending bill to pass puts your entire operation at risk — including the legal products you're already selling.

The Ohio Cottage Food & Home Food Business Guide covers all three pathways (cottage food, Home Bakery, and the proposed MEHKO) with the current legal boundaries and compliance steps for each, so you know exactly what you can do today and what changes to watch for.

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