Compact Mobile Food Operations Frequently Asked Questions

22 Jul.,2024

 

Compact Mobile Food Operations Frequently Asked Questions

Effective January 1, , the California Health and Safety Code was amended to promote economic inclusion while modernizing the California Retail Food Code (CRFC) so that sidewalk food vendors can obtain a permit and join the regulated vending economy. Sidewalk food vendors will now be classified as a Compact Mobile Food Operation (CMFO). Below are some frequently asked questions for operating a CMFO.

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Permitting Questions

1. What is a Compact Mobile Food Operation (CMFO)?

A CMFO is a mobile food facility in which an individual operates from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized unenclosed conveyance that can be approved to sell prepackaged food or unpackaged food with limited food preparation.

Food is considered prepackaged when it has been processed in a permitted food facility or food establishment and properly packaged to prevent any direct human contact between the food product and the consumer prior to consumption. The label also includes the common name of the item, a list of ingredients in order from largest quantity to least, quantity such as weight, and name and address of the place of business of the manufacturer.

2. When does the new law start?

It went into effect on January 1, , with the first year focused on education and outreach. However, permits are required to operate, and administrative fines may be issued for operating without a permit.

3. Do I need a Health Permit from Environmental Health?

Maybe. You do not need a health permit if you sell only prepackaged, non-potentially hazardous (non-perishable) foods or whole uncooked fruits and vegetables, and your CMFO is within a space that is 25 square feet or less. For all other CMFOs, a health permit is required.

4. How do I measure 25 square feet of prepackaged non-potentially hazardous food (non-PHF) display to be exempt from permitting?

This display area is measured by the square footage of the floor space of the display area. For example, a CMFO with a shelving unit that occupies floor space of 5 feet x 5 feet, or 6 feet x 4 feet would not require a permit even if it had four shelves. However, a CMFO without shelving that has a display area that is 10 feet x 10 feet would require a permit.

To be exempt from permitting, the total amount of floorspace for display and non-displayed food inventory is 25 square feet or less.

5. What types of food sale are allowed without a permit?

Prepackaged, non-potentially hazardous foods and whole, uncooked fruits and vegetables limited to a space that is 25 square feet or less, do not require a permit from Los Angeles County, Department of Public Health. Please check with your local jurisdiction if additional permits or licenses are required.

Prepackaged means the food are served directly to the customer in its unopened, original container or packaging, that is prepared and properly labeled from a manufacturer, a commissary, or other food facility.

Non-potentially hazardous means food that does not require refrigeration to prevent bacterial growth. Therefore, dairy, meat, poultry, fish, cut melon, and cooked foods are not allowed without a health permit.

6. Where can I get a permit to operate a Compact Mobile Food Operation?

Please see Permit Application Documents on our Sidewalk Food Vending webpage.

7. Once my food cart has been manufactured and approved, do I need a separate permit to operate my food cart?

Yes, a Public Health Permit must be obtained to operate the food cart. Please also check with your local jurisdiction for additional permitting requirement.

8. Will I be inspected in the field? If so, how many inspections can I expect per year?

Yes, all permitted food carts will be inspected. The number of inspections will depend on the type of food sold at the food cart.

Low risk carts will be inspected once every two years. Moderate risk carts will be inspected once a year. High risk carts are inspected twice a year. Additional inspections may be warranted due to complaints.

9. What type of food training do I need?

CMFO operators and employees must hold a food handler card. A food handler card must be obtained within 30 days of the start of the operation or hire. A listing of Accredited Organizations can be found at the American National Standards Institute (ANSI) website.

10. Do I need any other permits?

You may need a local business license, sidewalk vending permit or peddlers permit to sell food. Check with the city you plan to operate your business in for more information. For County unincorporated communities, check with the Los Angeles County Treasurer and Tax Collector regarding a business license and in the Los Angeles County Department of Economic Opportunity for a sidewalk vending permit.

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11. What happens if I operate without a health permit?

First, a notice of violation will be issued. Continuing to operate without a permit will result in administrative fines. After January 1, , the enforcement agency can charge up to three times the cost of the permit fee as an administrative fine for operating without a health permit. In addition, any prepared foods may be condemned due to being prepared or held in insanitary, unsafe conditions.

12. Does the new law only apply to vendor sales on public property?

The California Health and Safety Code applies across California and does not only apply to public property. Vendors who sell food to the public or give food away to the public, are considered a food facility. This means the vendor shall comply with the California Health and Safety Code. Exemptions apply to the permit requirement for the selling or offering of prepackaged, non-potentially hazardous food in a space that is 25 square feet or less.

Cottage Food Operations are currently the only businesses approved to prepare and sell food from a private home. Any other activity will be considered unpermitted under State and local law. However, ordinances are currently under development to allow Microenterprise Home Kitchen Operations but these are currently not approved.

13. Who inspects and approves the carts?

The Mobile Food Program and Plan Check Program within the Environmental Health Division work together to get mobile cart plans checked, reviewed, and operationally inspected in the field. If you operate in the City of Long Beach, the City of Pasadena, or the City of Vernon, you will need to contact those cities as they have their own health department.

14. Where are the carts inspected?

The cart will initially be inspected during the approval process, either at the commissary or at one of our Environmental Health offices. Once a permit has been issued, routine inspections will happen during regular operations. Mobile Food Facilities, such as CMFOs, are required to submit route information. Route information provides details on where you will be operating so that the inspectors can conduct on-site inspections.

15. How do these rules align with pop-up markets, farmers' markets, and food markets set up on the street?

In California, various types of non-permanent food facilities fall under different sections of the California Health and Safety Code. Certified farmers' markets and temporary food booths at community events are categorized as Temporary Food Facilities. These facilities have distinct regulations outlined in a separate chapter of the Code. They can only operate in conjunction with a community event or certified farmers' markets. Another type of non-permanent food facility is Mobile Food Facilities, which includes Compact Mobile Food Operations. These facilities can participate in community events or certified farmers' markets and must adhere to specific requirements detailed in their California Health and Safety Code.

16. Can a restaurant prepare food on-site and be allowed to obtain a permit to sell as a sidewalk food vendor?

Yes, the restaurant operator must obtain a CMFO permit and meet additional local city requirements regarding sidewalk vending.

17. How do you treat street food vendors who set up on the street without a cart?

An operator is asked to provide their Public Health Permit. Environmental Health (EH) will inspect to verify that the food for sale comes from an approved source, equipment and premises are sanitary, and verify that the operator is conducting business within the scope of a Public Health Permit.

If the operator is exempt from a permit if selling only prepackaged non-potentially hazardous foods in a space that is 25 square feet or less, EH may only issue food safety recommendations and respond to food safety complaints.

If the operator is required to have a Public Health Permit and does not have one, EH will provide educational materials on how to apply for the permit and explain that fines may apply if the operator fails to comply. All foods from an unapproved source are condemned, an Official Inspection Report (OIR) is issued directing the vendor to discontinue the unlawful operation.

18. Will your agency work with the Streets LA sidewalk program so everyone is on the same page? The city sometimes has no idea what Public Health allows, resulting in confusion for vendors.

Yes, we are collaborating with the City of Los Angeles. However, cities can adopt ordinances with additional requirements and regulations for street vending under their city council approval.

19. Can anyone other than the permit holder work or operate the CMFO?

Like other food facilities, a CMFO may have food employees operating as part of the food facility. All food employees are required to obtain a food handler card.

20. Who handles enforcement? Will the County confiscate carts for repeat violators?

Currently, we are not confiscating equipment. Other cities may confiscate carts if left abandoned. Enforcement authority depends on which law is being violated. The Environmental Health Division (EH) is the enforcement agency within Los Angeles County for the California Health and Safety Code violations. Food produced in an unapproved manner will be disposed by EH. Depending on where you are operating, another county department or city may issue citations for specific violations unrelated to food sales, such as operating without a vendor license, obstructing sidewalks, or excessive noise. Note that the cities of Pasadena, Commerce, and Long Beach have their own Environmental Health Departments.

21. Are there any restrictions on where CMFOs can operate? For example, are they currently allowed to work at County beaches, like Marina del Rey?

The Environmental Health Division is responsible for approving the Compact Mobile Food Operation per the California Health and Safety Code. You must check with your local authority for restrictions or additional requirements pertaining to where you may operate. For operating in the unincorporated areas of the county, contact the Department of Economic Opportunity, who is responsible for enforcing the County's new Street Vending Ordinance, which address time and place of food sales.

22. What county or State code will be cited if a CMFO operated without a Public Health Permit?

Section of the California Health and Safety Code will be cited. This section clearly states that any food facility in the State must obtain a Public Health Permit before beginning operations; other penalties may be associated in this section. Additional code sections may be cited if other violations are found during the investigation.

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