TABLE 1.
Comparison of Mobile Food Vending Laws in the 10 Most Populous US Cities: 2008
| Health and Safety |
Permits or Other Regulations |
Location |
Nutrition Regulation |
|||||
| City | Are Vendors Required to Operate From a Commissary? | Are Vendors Subject to Inspection? | Fees for Mobile Vendor Permits or License | Other Special Regulations | Restriction on Duration of Vendor Stops | Hours When Vendors Are Allowed to Operate | Restrictions on Vendor Proximity to Schools | Nutrition Incentives |
| Chicago, IL | Commissary or other licensed fixed food service establishment.24 | Yes. Vendors must pass inspection before license will be issued.24 | $165 every 2 y for “peddlers” of fruits and vegetables25; otherwise $275, payable every 2 y.26 | No. | No regulation. | 7 am to 5 pm for peddlers of fruits and vegetables.27 Otherwise, there is no restriction on hours. | No regulation. | Vendors selling only fruits and vegetables pay a reduced permit fee.28 |
| Dallas, TX | Yes.29 | Yes.30 | $100 for most vendors, but $465 for a mobile food preparation vehicle such as a “hot truck.”31 | Vendors must provide a monthly itinerary indicating where they intend to operate32 and must be able to provide proof of liability insurance.33 | Vendors may not stop longer than 1 in 1 place/d, or operate for a total of 3 h in 1 location within a 24-h period.31 | No regulation. | No regulation. | No. |
| Houston, TX | Yes, and commissaries are required to keep servicing records for each mobile vendor.34 | Yes. Vendors must pass inspection before receiving a permit, and then are subject to inspection without notice.35,36 | $200 for a permit, $310 for a “medallion” to be placed on the vending vehicle, and a $200 electronic monitoring systems fee for “unrestricted mobile food units.”37 | Vendors in the downtown district need permission from abutting store owners.38 A person certified in safe food handling must be on duty at all times.39 | No regulation. | Vendors may designate a site for 24-h use.40 | No regulation. | No. |
| Los Angeles, CA | N/A | N/A | N/A | Vendors must establish a “special sidewalk vending district”; at present, no district exists.41 | N/A | N/A | N/A | N/A |
| New York, NY | Yes. All vendors must operate from a commissary, depot, or other licensed facility.42 | Yes. Vendors are not allowed to operate until they have passed inspection.43 | Permits are valid for 2 y,44 $50 if fresh fruits or vegetables or prepackaged food45; $100 if food is processed on site.46 | Green Cart vendors only in underserved areas,47 and must have educational brochures.48 | No regulation. | Varies by location.49 | No regulation. | Green Cart vendors selling whole fruits and vegetables.50 Green Cart vendors have priority on permit waiting list.51 |
| Philadelphia, PA | Yes.52 | Yes. Vendors must submit to an official inspection53 and perform a self- inspection every 3 mo.54 | $125 annually for vendors on foot; otherwise $300 annually for all other vehicles.55 | No. | No regulation. | 7 am to 12 am.56 | No regulation. | No. |
| Phoenix, AZ | Yes. Vendors must report daily to a commissary.57 | Yes. Vendors must be inspected at least every 6 mo under the Arizona Food Code.58 | $250 first-time license application fee, then $30/y.59 There is also a 1-time fee for criminal investigation fingerprints.60 | Vendors may not operate on any street abutting a public park within 150 ft of a lawfully established park concession.61 | Vendors may not stop for more than 1 h within an 8-h period on any public street or alley.62 | 6 am to 2 am on private property63; the later of 7 pm or sunset and before sunrise on public property.64 | Vendors on private property may not operate within 300 ft of any school between 6 am and 5 pm,65 or within 600 ft of any school, or between 7 am and 4:30 pm when located on public property.66 | No. |
| San Antonio, TX | Yes. Vendors must operate from a commissary, unless they sell food that exempts them from this provision.67 | Yes. Vendors are subject to routine unannounced inspections.68 | $48 to $350 annually depending on the type of vehicle used and the type of food sold.69 | Vendors may not sell within 300 ft of any food establishment unless they obtain permission from the owner.70 | No regulation. | 7 am to 30 min after sunset in residential areas. 7 am to 10 pm in June, July, and August.71 | Vendors may not sell within 300 ft of any school 1 h before, 1 h after, and during school hours.72 | Vendors selling whole fruits or vegetables, fresh fish, or shrimp do not have to operate from a commissary.73 |
| San Diego, CA | Yes.73 | Yes.74 | $164 to $427 annually depending on the type of vehicle used and the type of food sold.75 | Units propelled by “muscular power either human or animal” cannot be used to sell perishable food.76 | Restrictions on duration of time vendors are allowed to stop varies by location.77 | 9 am to 8 pm.78 | Vendors may not operate within 500 ft of any public school between 7 am and 4 pm on regular school days.79 | Vendors may sell farm produce from the farm property without paying a permit fee.80 |
| San Jose, CA | Yes, or other approved facility.81 | Yes.82 | $418 for an “approved location” vendor permit; $149 for all other vendors, plus $45 for an ID card.83 | Vendors operating from a designated “approved location” must have liability insurance.84 | Except for “approved location” (stationary) vendors, vendors may not stop in 1 place for longer than 15 min in a 2-h period.85 | 10 am to 7 pm or sunset; vendors at construction or industrial sites are exempt from this regulation.86 Approved location vendors may operate from 6 am until 7 pm or sunset.87 | Vendors may not operate within 500 ft of any school property.88 | No. |