Food Truck Freedom: A New Era in Culinary Mobility
The food industry has evolved over the past decade to make room for its newest competitor: the food truck. This innovation has gained a massive audience, with food trucks found in cities of all sizes and many small towns. Entrepreneurs and chiefs have embraced this new culinary adventure as a way of opening their very own business. The only roadblock? The outdated “commissary kitchen” concept.
There are currently 2,894 registered food trucks in South Carolina, according to information provided to us by the SCDA. This number has increased over the years. Take the case of Charleston: in 2022 there were 278 food trucks, but as of this year, the number has increased to 424.
Food Truck Regulations
The food truck industry must adhere to all of South Carolina’s Department of Agriculture’s food and safety regulations as any other food service provider would, but there is a problem. Food trucks face difficulties with the specific regulation that all mobile food businesses must operate out of a commissary kitchen.
The SCDA defines a mobile food establishment as:
“A mobile food establishment consists of a commissary and mobile food unit(s) or mobile food pushcart(s). The food service portion of the operation is conducted from a movable driven or propelled vehicle, portable structure, or watercraft that can change location.”
A commissary kitchen is a food establishment that meets all SCDA standards and can provide support for mobile food establishments in the form of storage, operations, and servicing. For many commissaries, this includes the space for prepping food, receiving shipped inventory, and disposing of waste. Per the SCDA standard, food truck owners are required to return to their commissary every 24-72 hours depending on whether they run a full service or non-self contained unit.
The specific SCDA regulation states:
A full-service (self-contained) mobile food unit must return to the commissary at a frequency necessary to maintain sanitary conditions but in no case may operate for longer than seventy-two (72) hours of operation without returning to the commissary.
Non-self-contained mobile food unit(s) and mobile pushcart(s) must return to the commissary within twenty-four (24) hours of operation.
Levels of Regulations
Food trucks have a long list of permits, protocols, and regulations that they must follow to avoid the government closing the door on their business permanently. These regulations span federal, state, and local ordinances. This is often a headache for new entrepreneurs to navigate all the applications and rules. Below are some of the common hoops food trucks owners need to jump through across federal, state, and local jurisdictions.
On a federal level, all food truck owners must comply with the Federal Motor Carrier Safety Administration (FMCSA) regulations. This includes having a commercial driver’s license to operate and drive the food truck. The FMCSA also set regulations and standards for any motor vehicle transporting food. These outline food storage, cooking equipment, and wastewater disposal procedures.
On a state level, all food truck owners must comply with all health and food safety standards. In South Carolina this is outlined by the South Carolina Department of Agriculture (SCDA) and include the requirement to operate out of a commissary discussed above. Food trucks also have to follow any statewide zoning policies and acquire their food seller’s permit and food handlers permit.
On a local level, all food truck owners must get a business license, public health permit, and mobile food facility permit. Food truck owners might additionally want to consider communicating with the local fire station to ensure compliance with all the fire safety protocols.
What’s the Problem with Commissaries?
The requirement for all mobile food businesses to operate out of a commissary was designed to ensure that food safety regulations are being adhered to and that proper cleaning and waste removal are being followed.
Unfortunately for the numerous food truck owners in South Carolina these commissaries are not conveniently located. In the 32,020 square miles of South Carolina, there are only 21 commissaries available for use. Food truck owners already pay a hefty fine (upwards of $1,000 a month) to be a member of a commissary, on top of the fuel costs incurred while commuting to one of the few locations across the state.
Georgia’s Food Truck Regulations
Base of Operation Regulation
Our neighboring state, Georgia, employs a slightly different regulation for their food truck industry that South Carolina would benefit from emulating. In Georgia, the requirement for mobile food businesses is that they must operate out of a Base of Operation. As listed by the Georgia Department of Public Health in their Food Service: Rules and Regulations the Base of Operation is simply a “fixed location with a food service permit from which a mobile food service unit operates.”
This requirement for a Base of Operation in Georgia is much broader and more achievable goal for food truck owners.
In a Frequently Asked Questions Sheet posted by the Georgia Department of Health it states,
“The absolute minimum that is required at a Base of Operation is a dump station or mop sink, a handwashing sink, and a potable fresh water supply tap. Your menu and the equipment you have in your unit/truck will determine what else may be needed at your Base of Operation. During the plan review, the health department will let you know if equipment is required at your Base of Operation.”
This regulation allows for numerous options for business owners to find a space to use as a Base of Operation in Georgia, while still adhering to food safety requirements. In fact, on the same Frequently Asked Questions Sheet, the Georgia Department of Health clarifies that while a Base of Operation may not be located in living quarters, upon approval from local ordinances, private property could be used as the Base of Operation, such as an outbuilding on the property or a second kitchen separate from residential use.
Statewide Permit
Georgia just recently passed HB 1443 that went into effect January 1, 2023. This bill allows for food truck owners to apply for a permit in their home county, but still operate statewide. This is a game changer for all food truck owners in Georgia. Now, owners only have to pay a one time fee of $250 every year for their permit, rather than buy multiple permits of the same fee every year.
Food truck owners are still subject to receiving inspections in any county they operate in, but it is no longer a requirement or an additional hoop that must be undergone in order to operate.
Conclusion
The effect of state government regulation should not be to prevent businesses from participating in a free market economy. While the state plays an important role in making sure that food businesses follow food safety protocols and minimize the risk of food borne illnesses, our government must also encourage local and new businesses.
Given the limited capacity of commissary kitchens in South Carolina, the commissary regulatory framework and county by county permits present a huge hurdle for food business entrepreneurs to clear.
The efforts of Georgia to encourage the mobile food industry using a Base of Operation regulatory framework and a statewide permit are worth a look.
To read more about overregulation and occupational licensing reform, check out our article on 2024 reform bills Let My People Work.
